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IN VIRGINIA 
AND THE NATION 



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HOW WE ARE GOVERNED IN 



VIRGINIA AND THE NATION 



BY 



HOWARD LEE McBAIN, M. A., Ph. D. 

FORMERLY ASSISTANT PRINCIPAL OF THE RICHMOND HIGH SCHOOL 

NOW INSTRUCTOR IN POLITICAL SC7ENCE IN THE 

GEORGE WASHINGTON UNIVERSITY 



ILLUSTRATED 



Richmond, Va. 

The Bell Book and Stationery Company 

1908 



LIBRARY of CONGRESS 
two Copies Received 

SEP 2 W08 

CLASS CX XXC« Nu, 

X- l s *^« \ 

COPY B« * 



Copyright, 1908 
By HOWARD LEE McBAIN 



PREFACE 



This brief text-book on government has been prepared to 
meet the needs of the public school children of Virginia at 
the sixth and seventh years of their work. The plan and 
scope of the work, as well as the manner of presenting the 
subject, mark a wide departure from the time-worn 
methods of elementary text-books on so-called " civil 
government " — a departure which the author believes to be 
instinct with the educational demands of the hour and with 
the vitality and importance of the study. 

The general plan of the book rests upon a universally 
accredited principle of the science of teaching; it proceeds 
from the known to the unknown, from the near to the 
remote. For this reason, Part I of the book serves to 
introduce the pupil to some of the basal concepts of his 
own community life, leading him naturally to the study of 
local and central government in his own State. Part II 
deals with the government of the nation, emphasizing 
those national activities with which the pupil is more or less 
familiar, and explaining simply and clearly the delicate 
adjustment of relations between the government of his 
State and the government of his nation. In other words, 
the book attempts, as an introduction to the study of poli- 
tics and government, to give the child an intelligent com- 
prehension of the meaning of government and an under- 
standing of how he is governed in his own State and nation. 
It is in no sense a sacrifice to an extreme States' rights 
idea ; it is the application of a pedagogical principle that is 
at once all-comprehensive and fundamental. The author 
is profoundly convinced that in the presentation of this 

3 



4 PREFACE 

most important subject, the demand is insistent that we 
should in every case begin with the immediate community 
life of the child and from this work out to the larger con- 
cept of the nation. 

In the manner of approaching the subject the author has 
been moved by the further conviction that the elementary 
teaching of " civil government " will always be a bugbear 
and a failure unless its chief purpose is to relate the child 
in an intimate and personal way to the activities of govern- 
ment. To' the pupil of less than high school age the powers 
and the functions of the State auditor or the organization 
of, and procedure in, the civil courts of the State are very 
dry subjects indeed, and very naturally so. But if he lives 
in a city, he probably takes a lively interest in the fire 
department, in the police, in the many things the city 
undertakes to do for the health of the community — things, 
such as a sewerage system, which he knows about but has 
perhaps never thought to ascribe to the government. Or 
if he lives in the country, he is doubtless vitally interested 
in what his county is doing to improve roads or to con- 
solidate schools. It has been the conscious purpose of the 
author in the first six chapters of this book to make the 
child above all else, see the government as a real, active 
thing about him, a thing of which he is a part. 

It is only after the pupil's interest has been thoroughly 
aroused to note the many operations of the government 
that the effort is made to show him how the government 
of his State is supported, organized, and operated. This 
is done in as simple language as possible. The child mind 
is kept constantly in view, and emphasis is laid upon the 
actual operation of the machinery of government rather 
than upon elaborate details of its organization. 

Obviously it is more difficult to infuse this same personal 
element into the child's study of the national government, 



PREFACE 5 

for most of its operations are outside the range of his 
observation. The subject has, however, been treated in as 
intimate a manner as possible ; and at every step care has 
been taken to point out the paramount importance of the 
national activities and the reason why they are undertaken 
by the nation rather than the states. 

The setting up of a definite relation between the child's 
life within the school and the political' activities of com- 
munity life about him is in harmony with the fundamental 
principles of modern educational aims. School life must 
more and more reflect and embody community life. And 
the author believes that this is especially true in the teach- 
ing of government, if we are to instill any principles of good 
citizenship into the minds and hearts of that vast majority 
of our children who go out into life from the elementary 
school. 

TO THE TEACHER 

In presenting a " civil government " text drawn along 
such wholly new lines, a word of suggestion directed espec- 
ially to the teacher may not be inappropriate. Teachers 
will probably agree that the subject is inherently difficult to 
teach in the grammar grades. But a subject is not usually 
difficult to teach if the pupil is interested. The arousing 
in the pupil's mind of a spirit of interested inquiry in the 
afifairs of government is of far greater value to him than 
the knowledge of many unimportant details of govern- 
mental organization. Formal question-and-answer recita- 
tions should, therefore, be used sparingly. Informal and 
spontaneous discussions of the text and of the questions 
suggested will prove far more successful in the class-room. 
It is of transcending importance, however, that the teacher 
first of all be thoroughly familiar with the spirit, the pur- 
pose, and the scope of the work. 

To each chapter are appended questions to be used for 



6 PREFACE 

discussion in class. For the most part they aim to localize 
the text, to draw the pupil's attention to conditions in his 
own community and their bearing on what he has been 
reading, to create a spirit of inquiry and investigation. It 
may be impossible in some cases to answer these localized 
questions, but a question which cannot be answered, or 
which can be answered only partially, is not necessarily 
without value. It may create both interest and investiga- 
tion. The teacher should encourage the pupils to study 
the questions and to gather all possible information in 
regard to them from their parents and others in the com- 
munity who would be likely to know. The real essence of 
our teaching should be the creation of this interested at- 
titude of mind toward things political. 

The author has not felt that it was either necessary or 
desirable to append to this work the^text of the Virginia 
Constitution. Our State Constitution has become so de- 
tailed and complicated and has grown to such enormous 
length that for the purposes of an immature pupil it is of 
small value. For personal reference it would perhaps be 
well for the teacher to have a desk copy of the Constitu- 
tion, which can be secured from the office of the Secretary 
of the Commonwealth at Richmond. 

The author desires to express a grateful sense of obliga- 
tion to Doctor J. A. C. Chandler, Editor of the Virginia 
Journal of Education, and to Mr. Lee Bidgood, Professor 
of History and Government in the Virginia Female Normal 
School, both of whom have read the entire proofs and have 
made many helpful suggestions ; and especially to Miss 
Edith A. Winship, of Boston, for invaluable editorial assist- 
ance. Howard Lee McBain 
The George Washington University 
Washington, D. C. 



CONTENTS 



PART I 
HOW WE ARE GOVERNED IN VIRGINIA 

^CHAPTER PAGE 

I. What we mean by Life in a Community . . 9 
II. What the Government does to protect our 

Lives and Health 19 

III. What the Government does to protect our 

Property 34 

IV. How our Liberty is protected 43 

V. What the Government does to help us in 

our Desire for Knowledge 50 

VI. What the Government does to promote 

Community Progress 64 

VII. How the Government is supported 82 

VIII. What the Constitution is 91 

IX. How^ the Government is organized 96 

X. How the Laws are made 99 

XL How the Laws are put into Operation . . . 107 

XII. How the Laws are explained and applied. 116 

XIII. How the Counties are governed 125 

XIV. How the Cities are governed 132 

7 



8 CONTENTS 

CHAPTER PAGE 

XV. Who takes Part in the Government 141 

XVI. How Political Parties control the Gov- 
ernment of Virginia 149 

PART II 
HOW WE ARE GOVERNED IN THE NATION 

XVII. HOW THE NATIONAL GOVERNMENT PROTECTS 

AND ASSISTS US 155 

XVIII. The Constitution of the Nation 171 

XIX. The Nation and the States 18*2 

XX. HOW THE NATIONAL GOVERNMENT IS SUP- 
PORTED 191 

xxi. how the national laws are made 199 

xxii. how the national laws are put into 

Operation 211 

xxiii. how the national laws are explained 

and applied 224 

xxiv. how the national government is con- 
trolled by political parties 234 

Index 241 



(2) 



PART I 

HOW WE ARE GOVERNED 

IN VIRGINIA 



REFERENCES FOR TEACHERS 



It will probably be futile to expect the average pupil of the sixth 
or seventh grade to consult many works on politics and govern- 
ment outside of his classroom text. It is highly desirable, how- 
ever, that teachers should expand their knowledge of this important 
subject; and fortunately many valuable works are easily obtainable 
at comparatively small cost. The author has prepared this brief 
list of references in the hope that the teacher may be directed 
toward interesting and reliable reading which will be especially 
helpful in presenting the subject to children. 

Material for advanced study of the government of Virginia is for 
the most part inaccessible to the teacher. A copy of the State Con- 
stitution is, of course, indispensible. A Handbook of Virginia, 
published by the State Department of Agriculture and Immigration, 
gives a description of the resources of the various couities of Vir- 
ginia. Copies can be had gratis upon application to the Depart- 
ment. The annual Reports of the Superintendent of Public In- 
struction, the Secretary of the Commonwealth, the Commissioner of 
Agriculture and Immigration, and the Highway Commissioner will 
also be of invaluable assistance. They can usually be secured upon 
application to these several officers at Richmond. Teachers of 
classes in city and town schools should provide themselves with a 
copy of their city or town charter, which can doubtless be had 
from the city or town clerk. The Code of Virginia (2 volumes, 
$15), containing the acts of the General Assembly, can be consulted 
in the office of any lawyer. 

For the general study of local, State and national government in 
the United States, the following works are recommended: 

Ashley, American Federal State. Macmillan Co., New York. 
$2.00. 

Bryce, American Commonwealth (abridged edition). Macmillan 
Co., New York. $1.75. 

Dunn, The Community and the Citizen. D. C. Heath & Co., 
Boston. $0.75. 

Fiske, Civil Government. Houghton Mifflin & Co., Boston. $1.00. 

Hinsdale, American Government. American Book Co., New 
York. $1.25. 

Hart, Actual Government. Longmans, Green & Co., New York. 
$2.00. 

Willoughby, Rights and Duties of American Citizenship. 
American Book Co., New York. $1.00. 



HOW WE ARE GOVERNED 
IN VIRGINIA 



CHAPTER I 

WHAT WE MEAN BY LIFE IN A COMMUNITY 

1. What a community is. Most of you have doubtless 
read the fascinating story of Robinson Crusoe. You re- 
member how, after being shipwrecked, he was thrown upon 
a desert island, and there lived for a time separated from 
all other human beings. Most of you have heard, too, of 
hermits— -those strange men who withdraw themselves 
from their fellowmen and live in loneliness and solitude, 
Moved by some odd fancy, they usually seek out a cave or 
a rude hut in the mountains, and there, far away from 
other people, spend their miserable lives. 

How very different are the lives of most of us 1 We are 
so accustomed to having our family, our friends, and many 
other people about us that' we can only with difficulty 
imagine how anybody could tolerate so lonely a life. 
People are usually found living together in groups ; indeed 
this seems to be the natural way for them to live. Some- 
times, as in a city, a great many people are crowded to- 
gether in a comparatively small space. Sometimes we find 
them in small towns and villages. In Virginia, however, 
a majority of the people live on farms. Yet they are close 

9 



IO HOW WE ARE GOVERNED IN VIRGINIA 

enough to one another to enjoy life together and to have 
many interests in common. They have, for instance, com- 
mon churches, common schools, common stores, common 
post-offices. 

Now this is what we mean when we say that people live 
in communities. A community is a group of people living 
more or less closely together and having certain common 
interests*. It may be a village or a town, a county or a 
city. 

2. Why people live in community groups. The world is 
probably not large enough for every one of us to live like 
a hermit, completely separated from everybody else. Even 
if it were, most of us would not care for such a life. We 
enjoy being with people. We love to associate with the 
members of our family, our friends, and acquaintances. 
This is one of the reasons, then, why we nearly always find 
people living in community groups. But it is not the only 
reason. 

You doubtless recall what a hard time Robinson Crusoe 
found in providing himself with such simple necessities as 
food and fire and clothing. This was because he was living 
entirely alone. 

Suppose whenever one of us needed a new coat it were 
necessary for us to raise and shear the sheep, prepare the 
wool, weave it into cloth, and then cut and make the coat. 
What an endless amount of trouble, and what a poor look- 
ing coat we should have when it was finished ! As things 
are, one group of men raise the sheep, another group pre- 
pare and dye the wool, and still another group weave the 
wool into cloth. This cloth is carried to stores, where it 
is bought by tailors who make it into coats. When you or 
I desire a coat, we seldom think of sheep or wool or cloth. 
We go either to a tailor or to a shop where we can buy a 



LIFE IN A COMMUNITY II 

coat ready to be worn. Think how many different men 
have had a share in the making of the coat you wear. 

You can readily see from this illustration that our wants 
can be supplied much more easily when we live near other 
people than they could if we lived alone. This, then, is 
another reason why we live in communities. 

Have you ever stopped to think how many desires most 
of us have? All day long in one way or another we are 
busy satisfying our own desires, or else helping other peo- 
ple to satisfy theirs. Of course it is impossible for us to 
enumerate all the desires that any one person has ; but 
there are a few which nearly everybody has. Let us see 
what some of these common desires are. 

3. Our desire for life and health. To most of us life is 
the most precious thing that we possess. A man will 
sometimes sacrifice his life for his honor, or for his coun- 
try's honor, or for some one whom he loves. In general, 
however, he will sacrifice other things to preserve his life. 
In many ways we seek to protect our lives. We must pro- 
tect them, in the first place, against the violence of others, 
and in the second place, against dangers such as result 
from fires, from accidents on the railroad or on the water, 
and in cities from the dangers of the streets. It is neces- 
sary for us also to use the proper precautions against 
disease. This indicates another of our desires — the desire 
for good health, which is closely akin to the desire for life. 
Most of us want a sound body, not only because it 
promises to prolong life, but because a healthy body is 
essential to our general well-being and happiness. 

4. Our desire for liberty. No man who lives in a com- 
munity can enjoy liberty without restraint. Robinson 
Crusoe could, indeed, have yielded to the wildest desire 
that might cross his fancy. There was no one to prevent 



12 HOW WE ARE GOVERNED IN VIRGINIA 

his doing anything he wished. But the average man must 
live in his community with some regard to his fellowmen. 
He cannot wholly ignore the rights of others. By liberty 
in a community, therefore, we mean the freedom to do 
what we please so long as we do not come in conflict with 
the rights of other people. We are, of course, absolutely 
free to tliirik what we please, but in our actions we must be 
considerate of others. Most of us are entirely willing, if 
it is necessary, to give up a part of our liberty of action in 
order that we may enjoy the other benefits of life in a 
community. 

5. Our desire for wealth. It is natural for everybody to 
want to possess something. Boys and girls like to own 
things, and men and women enjoy no less the pleasure of 
possession. Lands, houses, implements, cattle, horses, fur- 
niture, clothes, books, money — all these are things which 
most of us desire to own. These we call property. Men 
seek to obtain property not only for the pleasure of possess- 
ing it but because of what it enables them to do. The 
ownership of property brings comforts and luxuries, and 
makes it possible also for a man to secure more property. It 
is this desire for wealth and property that causes men to 
seek employment — to become doctors, lawyers, farmers, 
manufacturers, shop-keepers. 

6. Our desire for knowledge. Most of us crave to know 
things. This is an instinct that we have all noticed in very 
young children when they begin to ask questions and in- 
quire into things. When they grow older they are sent to 
school in order that they may learn many things while they 
are young. But we want to know more than what we can 
get out of books. We are interested in learning what is 
going on both in our own community and in other commu- 
nities. We need, therefore, newspapers, letters, telephones, 



< > 

n k; 

I 9 

2 




I 4 HOW WE ARE GOVERNED IN VIRGINIA 

and telegrams. By these means we satisfy our desire to 
know what is going on in the world. And our desire 
for knowledge helps us to attain many other desires. It 
also helps the community in which we live, for we cannot 
imagine anything more pitiful than a community in which 
nobody has any education and nobody desires it. 

7. Our desire for progress. Most men desire to see the 
community in which they live become progressive. Of 
course this desire for progress takes many forms ; it would 
be impossible to mention all of them. The desire for edu- 
cation, of which we have just spoken, might be included as 
a part of our general desire for progress. The wish to see 
good roads, strong bridges, and efficient railroads in our 
community; if we live near the water, the wish to have 
harbors dredged, lighthouses built ; if we live in a city, the 
wish to see beautiful buildings, gardens and parks, clean 
and well-paved streets — these are some of the evidences of 
our desire for community progress. 

8. Our desire for happiness. All these other desires that 
we have been discussing combine to constitute what is our 
chief desire, next to the preservation of our life and 
health — the desire for happiness. It may not be possible 
for us to define what this desire for happiness is. It varies 
in different individuals. Some find happiness by pursuing 
almost exclusively one thing, as the desire for wealth, or 
for knowledge, or for science, or for art; but the majority 
of us find happiness by pursuing a combination of many 
desires. 

9. The conflict of desires. When people live together in 
a community, it is very natural that their desires should 
sometimes conflict. In his desire for wealth a man may 
seize another's property, or he may commit acts injurious 
to the general health of the community, or offensive to 



LIFE IN A COMMUNITY 15 

other people's ideas of cleanliness and beauty. For in- 
stance, a man may maintain a factory in a part of the 
community where the smoke is annoying; or the factory 
itself may endanger the lives or the health of operators by 
reason of unsanitary conditions. In his desire for unre- 
strained liberty a man may, in a passion, take the life of his 
fellowman, or burn his dwelling. Or again, in the pursuit 
of knowledge or science men may neglect their business 
and make debts which they are unable to pay. 

It must be clear to you that in these cases the desire of 
one individual of the community conflicts with the rights 
or desires of other individuals. It is perhaps equally clear 
that there must be some means for preventing the rights of 
one man from being interfered with by the desires of 
another. There must be rules which the members of the 
community are forced to obey. There must be some 
peaceful way of settling disputes among them, and of 
securing justice to all. Xot only that, but there ought 
also to be some means by which the members of a com- 
munity are helped to attain various desires which they are 
unable to satisfy alone. They should be helped, for in- 
stance, in the protection of their lives and health, and in 
satisfying their desires for education and for progress. 

10. What the Government is. , \Yhat is the means by 
which this harmony and assistance are secured? In the 
first place, there must be rules of conduct which the indi- 
vidual must obey — things that he must do and things that 
he must not do. For example, all communities command 
that each man shall respect the lives and property of every 
other man ; and the community will punish any one who 
violates this command. These rules for the conduct of the 
people of the community we call laws. 

In addition to the laws, there must be officers who make 



x6 HOW WE ARE GOVERNED IN VIRGINIA 

the laws and others who see that they are enforced. For 
instance, in your own neighborhood there are perhaps a 
board of supervisors, a sheriff, a constable, a justice of the 
peace. Or if you live in a city, there are a mayor, a city 
council, a body of police, and many other officers. 

.This body of laws and those who make and enforce them 
are what we generally mean when we speak of the Govern- 
ment. 

You must bear in mind that the Government is estab- 
lished in order to help the people living in a community. 
Some people have the idea that the Government deprives 
us of our liberty. We are perhaps inclined to feel this 
way when we come in contact with some particular law 
that prevents us from doing what we wish to do, or forces 
us to do what we dislike to do. There w T as a time, indeed, 
when the Government did trample upon the people's 
liberty, and in some countries this is done even to-day. 
You will recall that the reason why our forefathers freed 
themselves from Great Britain was that the mother country 
tried to oppress the colonies and to interfere with what 
they regarded as their liberties. For the most part, how- 
ever, it is the Government that seeks to protect our liber- 
ties from being interfered with by others, as when the Gov- 
ernment arrests the thief who attempts to steal from us. 
The people of Virginia have declared that "Government 
is, or ought to be, instituted for the common benefit, pro- 
tection and security of the people, the nation, or the com- 
munity." Not only does the Government protect our 
liberties, but it also undertakes, as we shall see, to assist us 
in reaching certain of our desires and to add to our gen- 
eral welfare and happiness. 

11. Our method of study. In the next few chapters we 
shall see some of the things that the Government in the 



LIFE IN A COMMUNITY 



17 



communities of Virginia does for us in the way of protect- 
ing our life and liberty, and helping us to attain certain of 
our desires. (Chapters II to VI.) 

After we have seen something of what the Government 
does for us, we shall then be able to understand more 
clearly how the Government of our State is organized and 
operated, or in other words, how all these things are 
accomplished. (Chapters VII to XVI.) 

When we have completed our study of the Government 
of our State and of our own community, we shall learn that 
the Government of our nation also undertakes to protect 
us and to assist us in many important ways. In Part II 
of our study, we shall learn of those things which our 
national Government does for us, and. we shall see how 
that Government is organized and operated. (Chapters 
XVII to XXIV.) 

QUESTIONS FOR CLASS DISCUSSION 

To the Teacher. The questions appended to each chapter are 
for the purpose of drawing out the pupil's interest in activities of 
government with which he is more or less familiar. These activities 
are, of course, more prominent in city communities than they are 
in the rural districts. The teachers of rural schools should, there- 
fore, explain many of the city activities referred to. The questions 
are intended to be suggestive, not exhaustive. Many others will 
doubtless present themselves to the teacher. 

1. What, sort of community do you live in— county, town, village, 
city? Find out, if you can, how many people live in your community. 
In your neighborhood are the houses close together or far apart? 
Think of some of the ways in which you associate with the people 
of your community— when and where, for instance, do you meet 
them? 

2. What are some of the pleasures you enjoy now that you would 
not enjoy if you lived like a hermit? 

3. If you lived absolutely alone, how would you get your food? 
Your clothing? Furniture? How would you protect yourself from 
cold? What, then, are some of the advantages that you enjoy by 
living in a community? 



18 HOW WE ARE GOVERNED IN VIRGINIA 

4. What are some of the things that threaten people's lives in 
your community? Their health? Can you think of anything that 
is done to protect you from these dangers? 

5. Mention some of the restrictions upon your liberty in the 
schoolroom — what are some of the things that you are not per- 
mitted to do? Explain how these things would interfere with the 
rights of others. Why are you forced to consider the rights of 
others? Why are they forced to consider your rights? 

6. Mention some of the property that you possess in the school- 
room. How does this property help you? Mention some of the 
property owned by the school. How does this property assist you? 

7. Is money property? Why? What business is your father 
engaged in? Why does he engage in business? Mention some of 
the property in your home. To whom does it belong? How was 
he enabled to get it? 

8. Why do you attend school? What desire are you satisfying? 
Mention some of the ways by which you find out what is going on 
in the world. 

9. Who makes the rules of your school? Who enforces them? 
Could you speak of the Government of your school? What would 
you mean? 

10. What do you mean by the Government of a community? 
Why is it necessary? Mention all the laws of your community that 
you have ever heard of. Mention all the officers that you can 
think of. 



CHAPTER II 

WHAT THE GOVERNMENT DOES TO PROTECT 
OUR LIVES AND HEALTH 

12. Our personal responsibility. We have seen that 
among all the desires that men usually have there is none 
more powerful than the desire for life. Now in most cases, 
as you all know, it is we ourselves who are personally re- 
sponsible for the preservation of our own life and health. 
If we would keep our bodies in healthful condition, we 
must be mindful of the ordinary laws of health. We must 
take due precaution against disease. We must have plenty 
of fresh air and exercise. Moreover, we must refrain from 
recklessly running into dangers that we could avoid. 

In the care of our health the family also is to some ex- 
tent responsible. The home should be selected in a 
healthful location. It should be well ventilated, and the 
plumbing should be good. The housekeeper, too, should 
be careful of cleanliness. It is the duty of the family 
within their means to see that the home is maintained in 
such a manner as to insure the health of those who live 
in it. 

In many cases, however, neither the individual nor the 
family can ward off the dangers which sometimes threaten 
life and health. It is here that the Government steps in to 
assist us. Especially is this true in communities where a 
large number of people live together as they do in cities, 
for in such communities the dangers to life and health are 
far more numerous than they are in the country districts. 

19 



20 HOW WE ARE GOVERNED IN VIRGINIA 

13. Protection of life against personal attacks. One 
person is sometimes attacked by another because of some 
personal grievance. The Government of course makes 
such an attack unlawful and provides for the arrest and 
punishment of the offender. Special officers are appointed 
to protect the members of the community against such 
attacks upon their lives. In the counties we find consta- 
bles and sheriffs, and in the cities there are police, whose 
duty it is not only to prevent such attacks whenever possi- 
ble, but to seek out and arrest those who have been guilty 
of them. The Government also makes it unlawful for one 
man to threaten the life of another even though he may 
not actually make an attack upon him. 

Now you may ask : " How does this protect our lives? 
It rarely happens that an officer of the law is on hand to 
prevent an attack which is about to be made. May not a 
man's life be taken before the law can protect him?" You 
must remember, however, that in every case the one who 
breaks the law knows that in all probability he will be 
arrested and punished. It is the fear of this punishment 
that prevents him from any rashness to which his impulses 
or his violent temper may prompt him. 

In spite of this fear of punishment for his misdeeds, a 
man fails sometimes to control his anger. He makes a 
sudden attack upon another individual who has offended 
him. There is no time or opportunity to call upon the 
police or the constable. The one w r ho is attacked must act 
for himself. In such cases the law provides that the per- 
son attacked may defend himself. He may even take the 
life of the one who has attacked him if that becomes neces- 
sary in order to preserve his own life. He may afterwards 
be arrested and tried, under such circumstances, for having 
killed his fellowman, but if he is able to show that he was 



PROTECTION OF LIFE AXD HEALTH 21 

compelled to do this in order to protect his own life, he is 
freed from all responsibility. 

Protection is given also to a person accused of crime. 
When an individual is arrested for an offense which he is 
supposed to have committed, it may not always be certain 
that he is actually guilty. The law asssumes that every 
man is innocent until it has been proved that he is guilty. 
It says too that "no man shall be deprived of his life or 
liberty, save by the law of the land, or the judgment of his 
peers." The accused must be given, therefore, a fair trial 
in accordance with the law ; and the law lays down certain 
things which are necessary to make the trial a fair one. In 
the first place, the prisoner cannot be kept in jail indefinitely 
awaiting his trial. He has the right to demand that he be 
carried immediately before some officer of the law, and that 
he be shown the reason for his being kept in prison. If it 
appears that there is reasonable ground for suspecting him, 
he is then held until he can be brought forward for trial. 

When the law says that he can be deprived of his life 
only by "the judgment of his peers," it means to grant the 
individual what is ordinarily called the right of trial by 
jury. This is the right to have a number of his fellow 
citizens, usually twelve, determine whether he is or is not 
guilty of the offense of which he is accused. Those who 
are called to tell what they know about the circumstances 
of his case are known as witnesses. The law gives the 
prisoner the right to have these witnesses stand before him 
and tell what they know in his presence. He has the right 
also to bring witnesses of his own. 

These are only a few of the many provisions which the 
law makes for the protection of the life and liberty of 
those unfortunate individuals who are accused of crime. 
But you can easily see how important they are. Without 



22 



HOW WE ARE GOVERNED IN VIRGINIA 



them cases would arise every day in which the innocent 
would be made to suffer unjustly. 

14. Protection of life against accident: in the country. 

Many accidents happen to most of us in the course of a 
lifetime. For some of these we have to thank only our 
own carelessness. The Government cannot usually be ex- 
pected to protect us from accidents that result from run- 





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A Triple Railroad Crossing 

This unusual and costly method of preventing accidents is employed 

at a point where three different railroads cross in the 

city of Richmond, Virginia. 



a ways, falling, 



and drowning. 



These are dangers from 



which we must protect ourselves. In some ways, however, 
the Government does seek to protect us from accident. 
You of course know that it is the custom in your com- 
munity for drivers to keep to the right of the road. You 
may not know, however, that the Government actually re- 



PROTECTION OF LIFE AND HEALTH 23 

quires this by law in order that accidents may be prevented. 
Another protection which the Government affords is that 
against railroads. To avoid collisions the Government 
regulates the manner in which one railroad shall cross 
another. The railway companies are required to place 
signals and sometimes gates where the tracks cross a coun- 
try road or a village street. Sometimes the railroad is 
even compelled to fence its tracks. It is customary also 
to regulate the speed of trains when they pass points at 
which accidents are liable to occur. Moreover the Govern- 
ment makes the railroads responsible for injuries done to 
employees. This is a most important protection, for rail- 
roads employ many hundreds of workmen, and the opera- 
tions in which these workmen are engaged are necessarily 
of a dangerous character. Similar responsibility is placed 
upon other companies employing large numbers of work- 
men. 

15. Protection of life against accident: on the water. 
The Government also makes many laws to protect the lives 
of those who spend much of their time upon the water. 
It regulates, for instance, the manner in which boats shall 
pass each other; it provides that they shall signal each 
other by whistling and requires that they shall carry cer- 
tain lights at night. On the seacoast where there is danger 
of shipwreck, the Government erects lighthouses to warn 
the seaman of his danger and provides life-saving stations, 
with crews of sturdy men ready at any time to assist ves- 
sels in distress. 

16. Protection of life against accident: in the city. It is 
easy to see why the liability to accident should be much 
greater in the city than it is in the country. Where so 
many people are gathered together in one place, where the 
buildings are large and crowded close to one another, 



24 



HOW WE ARE GOVERNED IN VIRGINIA 



where everybody must of necessity pass through the streets 
filled with rapidly moving street cars and vehicles of all 
kinds, it is natural enough that dangers of one kind or 
another should frequently arise. It is in the cities, there- 
fore, that the Government is forced to provide most often 
for our protection against accident. 



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The Lighthouses at Cape Henry 

In the center of the picture stands the new tower, the light from which 

may be seen many miles out at sea. To the left the apparatus of 

the United States wireless telegraph station is shown. 



One of the dangers which constantly threaten people 
living in cities is that which results from fires. The 
Government seeks to lessen this danger by providing that 
large buildings shall have fire-escapes in order that the oc- 
cupants of the building, in case of fire, may be able to 
reach the ground. In public buildings, like theatres, where 
large numbers of people come together, it is required that 
a sufficient number of exits shall be provided so that the 
people may quickly gain the streets in time of danger. In 



PROTECTION OF LIFE AND HEALTH 25 

many places the children in school are required to practice 
fire drills, in order that, whenever it is necessary, they can 
be taken from the school building rapidly and without con- 
fusion. 

Other protections, too, are given to buildings. Eleva- 
tors are inspected to see that their machinery is in proper 
order. Inspectors are appointed to see that buildings be- 
ing erected in the city are sufficiently well built to prevent 
collapses, such as have sometimes occurred. 

In the streets the attempt is made to regulate the speed 
of street cars, automobiles, and horses, in order that acci- 
dents may be prevented. Excavations and obstructions, 
which are sometimes of necessity placed in the streets, have 
to be marked by lights at night. And not the least of the 
means employed by the Government to prevent accident 
is the provision of lighting the streets at night by gas or 
electricity. Thus you see that in many, many ways the 
Government throws out its strong arms to protect us from 
accidents over which we ourselves could have no control. 

In addition to all these precautions that are taken to 
prevent accidents, most cities provide means for the imme- 
diate treatment of those who are injured. Ambulances in 
charge of skilled surgeons stand ready to hasten to any 
part of the city where an accident has occurred. There is 
usually a public hospital also, where sick and injured per- 
sons who are unable to pay may receive treatment at the 
expense of the Government. 

17. Protection of the poor. In still another way does the 
Government throw its protection around the life of the indi- 
vidual. When a man's health and strength have failed, 
when he is without friends or relatives to support him, he 
finds that the Government has made provision for his 
care. Formerly this protection of the poor was given by 



26 HOW WE ARE GOVERNED IN VIRGINIA 

the churches, which still do a great deal toward helping 
those unable to help themselves. In modern times, how- 
ever, this has come to be considered as one of the duties of 
the Government. We find poorhouses, therefore, in every 
county and city, and officers are appointed whose duty it 
is to see that these unfortunates in the community are pro- 
vided for. 

18. Protection of aged soldiers. In Virginia the Govern- 
ment also provides for those soldiers who fought in the 
War between the States, and who, by reason of their dis- 
ablement or their losses as a result of the war, are unable to 
care for themselves. These venerable men gave gladly of 
their youthful vigor and stood ready at a time of great 
need to sacrifice their lives in the service of their State. 
In many cases they lost their all in their country's cause. 
It is no more than right and just, therefore, that the 
Government should provide for them during the last days 
of their lives. 

19. Protection of life in times of riot. Occasionally 
there arises in a community so serious a conflict of interests 
that the officers of the community are unable to preserve 
order. This frequently occurs during strikes, when some 
of the strikers and the rowdy element of the community 
become a mob and attempt to prevent the ordinary conduct 
of business. 

It sometimes happens, too, that the people of a com- 
munity are incensed over some crime that has been com- 
mitted. They gather together and desire to punish the 
supposed criminal themselves, without permitting him to 
be tried and punished by law. In such cases it often hap- 
pens that the police, the constables, and the sheriff — the 
officers who ordinarily preserve order — are unable to han- 
dle the situation. Life and property may both be seriously 



PROTECTION OF LIFE AND HEALTH 27 

endangered. There must be means for protection, and the 
Government provides it through the militia of the State. 

In theory the militia of the "State is composed of all able- 
bodied men between the ages of eighteen and forty-five 
years. In truth, however, the militia consists of companies 
of men who volunteer for service in the various communi- 
ties of the State. The Governor is commander-in-chief 
of the militia. He is empowered by law to call the troops 
out in emergencies of this kind in order to enforce the laws. 
It is in this way that the Government safeguards the lives 
of the people in situations so dangerous that they cannot be 
dealt with by the local authorities. 

20. Protection of our health. In case we are taken with 
serious illness it is necessary for us to have the proper 
medical treatment. You can readily see the dangers that 
would arise if any one who wanted to become a phy- 
sician or a pharmacist were permitted to do so. Ignorant 
men, claiming to be physicians, would be constantly pre- 
scribing for those who were in need of trained assistance. 
Deaths without number would result. In order to provide 
against such a miserable state of affairs, the Government 
prescribes that before a man can practice medicine he must 
pass certain examinations to prove his knowledge and 
ability. 

The use of intoxicating liquors is today recognized to 
be dangerous to the health of those who use them to ex- 
cess. Moreover, saloons are hurtful to the morals of the 
community. So peculiar a vice is the liquor habit that in 
many cases the individual cannot be trusted to regulate it. 
For a long time the Government has undertaken, in the 
interests of the health of the community, to control the 
sale of liquors to some extent. In the first place, large 
taxes are placed upon the manufacture of liauor: and in 



28 HOW WE ARE GOVERNED IN VIRGINIA 

the second place, those who retail it are required to pay 
large fees to the Government. This makes the liquor ex- 
pensive and in consequence lessens the sale of it. More 
recently, however, the Government of Virginia has under- 
taken much greater control over the sale of intoxicating 
liquors. Each community — county, town, or city — is per- 
mitted to decide for itself whether liquor shall be sold 
within its limits. This is a more effective means of control. 
The result has been that in the last few years the majority 
of the counties of Virginia and some of the cities have 
prohibited the sale of intoxicating liquors. 

In another respect the Government has found it neces- 
sary to interfere in behalf of our health. Laws are made 
to protect us against unwholesome food being offered for 
sale. When foodstuffs are shipped in large quantities, the 
shippers cannot always be depended upon to consider the 
health of those who eat their products. Vegetables and 
meats often become stale and unwholesome before they 
are sold. Milk is often tampered with, chemicals being 
added to preserve it from souring. The health of the com- 
munity is seriously endangered by such inconsiderate acts, 
for we ourselves are often unable to detect the unwhole- 
someness of the food we are eating. The Government 
steps in to help us by appointing officers whose duty it is 
to inspect various food-products that are offered to the 
people of the community. 

Most of our canned meats are shipped from Chicago and the 
middle West. Recent investigations showed that the great pack- 
ing-houses having in charge the preparation of these meats had 
been very careless in regard to cleanliness and other protections 
which should have been used to prevent disease. Our national 
Government at Washington took the matter up, believing that it 
was something that concerned the whole nation. A law was passed 



PROTECTION OF LIFE AND HEALTH 



29 



providing for government inspectors for the packing-houses, and no 
canned meats can be sold to-day unless labeled by these inspectors. 

21. Protection of health in towns and cities. Just as 
densely settled communities increase the liability to acci- 
dent, so they increase also the danger to the health of those 
who live in them. In towns and cities, therefore, it be- 
comes the duty of the Government to make special pro- 




A City Dump 

Where the ashes and dry refuse from the homes of a Virginia city are 

dumped on the outskirts of the city. Garbage is usually burned. 

visions for the proper protection of the health of the com- 
munity. Streets must be kept clean. Dirt, refuse, and 
garbage must be carted away from the homes of the com- 
munity. Contagious diseases in these communities would 
naturally spread rapidly from one person to another if the 
Government did not exercise prompt control over the 
homes of those who are so unfortunate as to contract such 
diseases. They must be rigidly quarantined — that is, well 



3 o HOW WE ARE GOVERNED IN VIRGINIA 

persons must be prevented from entering the house while 
the disease lasts. When the sickness is ended, the Govern- 
ment requires that the premises shall be thoroughly dis- 
infected. In cases of malignant diseases, like small-pox, 
the sick person is often taken to a hospital provided for that 
purpose. The requirement that school children shall be 
vaccinated is another precaution that is taken to prevent 
the spreading of disease. 

22. Dangers to health in drinking water. In modern 
times many diseases have been traced to impure drinking 
water. In the erection of buildings in his barnyard the 
farmer is not always careful to protect his well from impuri- 
ties. Sometimes the stable-barn is built on high ground 
and the well is sunk in lower ground. The result is that 
the filth and refuse from the stable drain toward the well; 
its water becomes affected with unwholesome germs, and 
diseases are spread. Too much care cannot be taken in 
choosing the site for a well. 

In cities the old method of securing drinking water from 
wells has long since been abolished. It was impossible 
for each of the many hundreds of houses to have its own 
well ; besides, it was too inconvenient. In all of the larger 
cities of Virginia the Government has undertaken to supply 
the community with water through pipes and mains laid 
beneath the streets. Particular care has to be taken in 
choosing a pure source from which the drinking water is 
to be supplied. Seacoast towns find this matter especially 
difficult by reason of the fact that the water around them 
is mostly salt water. The water supplied to the inhabi- 
tants of Norfolk is secured from a fresh-water lake and is 
purified by being pumped through filters. In Richmond 
there has been recently constructed a settling basin in which 
the muddy water of the James River, from which Rich- 



PROTECTION OF LIFE AND HEALTH 



3 1 



mond's water supply is drawn, is cleared before it is 
pumped into the reservoirs. 

23. Summary. We thus see in how many ways the 
Government is daily protecting our lives and health. Many 
of these things we have scarcely thought to ascribe to the 
Government. We are so used to them that we do not 




The Settling Basin near Richmond 

Here the muddy water of the James River is cleared before 

being pumped into the city reservoir. 

think much about them. We do not often stop to consider, 
for instance, when we go into an elevator or a theater, that 
the Government has afforded us a certain degree of pro- 
tection against accident. When we see the street cleaners 
busy about us, and the lamp lighters going their rounds at 
twilight, it does not often occur to us that they are furnish- 
ing us with protection. As we sit down to our tables, we 



32 HOW WE ARE GOVERNED IN VIRGINIA 

do not frequently remember that much of the food before 
us has been inspected by Government officers in order 
that its wholesomeness may be assured. These are only a 
few instances, as we have seen, in which we are shielded 
by the Government from many attacks that might other- 
wise be made upon our lives and health. 

QUESTIONS FOR CLASS DISCUSSION 

1. What means, if any, are provided in your school for the pro- 
tection of the lives of the teachers and pupils? Are there fire- 
escapes? Are there broad staircases? Are there sufficient exits? 
Do you have fire drills? 

2. What means are provided for the protection of health? How 
is your schoolroom ventilated, and why? How is it heated? Is 
it well lighted? Do the school authorities require you to be 
vaccinated? Where does your drinking water come from? When 
are children prevented from attending school on account of disease? 
Who prevents them, and why? • 

3. If you live near a railroad, do you know of any precautions 
that are taken to prevent accidents? If you live near the water, 
what precautions do you know of there ? 

4. If you live in a city, do you know of any precautions that are 
taken to prevent accidents by fire in public buildings? To prevent 
accidents in the streets? How are your city streets lighted, and 
why? Who owns the lighting plant? 

5. Find out what provision is made in your community for the 
care of the poor. W r ho supports the poorhouse? 

6. Is there a militia company organized in your community? Do 
you know of any time that it has been called into active service? 
If so, when and why? Do you know any of its officers? 

7. Suppose a man commits a crime in your community, who 
would ordinarily arrest him? Where would he be taken? What 
rights would he have? Would he have to prove his innocence? 

8. Does your community prohibit the sale of intoxicating liquors? 
If so, why? 

9. Have you ever noticed an inspector's label on canned meats? 
Is milk inspected in your city? Are meats and vegetables inspected? 



PROTECTION OF LIFE AND HEALTH 



33 



io. What measures does your city take to make the community 
more healthful? Is there a sewerage system? Are the streets kept 
clean? Are contagious diseases quarantined? What about the 
drinking water? The garbage? 

ii. Who is responsible for all these protections of life and health? 
Could you as an individual protect yourself in these things without 
the assistance of the Government? 



CHAPTER III 

WHAT THE GOVERNMENT DOES TO PROTECT 
OUR PROPERTY 

24. The ownership of property. When we were discuss- 
ing the individual's desire for wealth, we saw that wealth 
consists largely in things we call property. (See page 12.) 
Some of this property we use simply to satisfy our needs 
and comforts. A large part of it we use in business enter- 
prises in order that we may get together more property 
and thus increase our wealth. In all civilized communi- 
ties people enjoy the right of owning property. 

In early history when people lived in tribes, as the American 
Indians once lived, they moved about from place to place without 
having any definite homes. Under such conditions it was impossible 
for them to own much property. They did not value the land because 
they did not know how to till the soil and raise crops. They 
secured food by hunting and fishing. In later times tribes began 
to settle on some particular tract of land, which was owned in 
common by the whole people of the tribal community. The dif- 
ferent crops they raised were put together and were then distributed 
among the members of the tribe in accordance with their needs. 
The farm lands in Russia today are held in this manner by the 
whole people of a village. 

In most civilized countries in modern times the land is 
held by the individual members of the community and not 
by the community as a whole. This results in many advan- 
tages, for each individual who owns a portion of the land 
feels a personal attachment to the community. He takes 

34 



PROTECTION OF PROPERTY 



35 



an interest in its welfare because his own life is bound so 
closely to the life of the community. Communities, there- 
fore, become more permanent in their character. It is for 
this reason that the Government not only recognizes the 
right of the individual to own land but even encourages him 
by protecting him in his possession. 

25. Our duty to protect our own property. It is our duty 
both to ourselves and to our community to protect the 
property we possess. This we can do by carefully attend- 



. ./.:.:': . .:'■: • :. fsf'<~* ~ '. 




^^^ 



A Squad of City Police 



ing to our own business affairs, and sometimes by person- 
ally defending our property from attacks made upon it by 
others. It is clear, however, that we cannot always do this. 
We may lack the power or influence necessary to main- 
tain our rights. In such instances it becomes necessary 
for the Government to step in and protect us. The means 
by which the Government does this constitutes a very 



36 HOW WE ARE GOVERNED IN VIRGINIA 

complicated system of laws framed in order to meet every 
possible conflict that might arise between individuals. This 
is a subject proper for the study only of lawyers and judges. 
It is easy for us, however, to see many of the simpler ways 
in which the Government protects us in the property we 
possess. 

26. Protection of property against robbery. There are 
unfortunately in every community a few people of bad 
moral character who have no regard for the property rights 
of their fellowmen. They desire wealth for themselves, and 
not being able or willing to secure it by honest means, 
they try to steal property that belongs to some one else. 
Just as it is the duty of constables and police to protect the 
lives of the members of a community, so it is also their 
duty to protect property from thieves. In cities police 
patrol the streets constantly, in order to fulfill both of these 
duties. The lighting of the streets by night, which we 
saw was a protection to the lives of citizens, serves also to 
assist the police in the prevention of robberies that might 
otherwise be committed in the darkness. 

In spite of thiis constant watchfulness on the part of 
officers of the Government, property is sometimes taken. 
The Government then puts forth every effort to seek out 
the guilty party and arrest him. You must not think that 
thefts are confined to the lower element of people living 
in the community. Sometimes men in high positions of 
trust, as for instance officers of a bank, yield to the tempta- 
tion to steal the money which they have in their care. 
These men are no better than the worst of common thieves ; 
in fact their guilt is even greater because they have usually 
had better opportunities and better training than the ordi- 
nary criminal. 



PROTECTION OF PROPERTY 37 

27. Protection of property against fire. It is impossible 
for the individual members of a community to protect their 
property in any sure manner from destruction by fire. 
They must, of course, use due precaution to prevent the 
starting of fires. Something, too they can do when build- 
ings are being erected, for many fires are caused by reason 
of the poor construction of buildings. It is usual for the 
Government, however, to undertake to protect property 




Engines at Work at a Large City Fire 

against loss by fire. This is naturally impossible in coun- 
try districts where the houses are widely separated. It is 
only in towns and cities that the Government can accom- 
plish anything in this direction. 

In small towns and villages there is generally a volun- 
teer force of firemen. Sometimes the only equipment 
they have is a number of water buckets which have to be 
passed from hand to hand along a file of men. 



38 HOW WE ARE GOVERNED IN VIRGINIA 

In cities there are regularly organized fire departments 
with fire engines, hose, and hook-and-ladder wagons, ready 
at a moment's call to hasten to any part of the city where 
a fire has started and property is threatened. At various 
points in the city are placed call boxes, from which an alarm 
can be sent over the electric wire to the central office of 
the department. Each box has its number, and bells, ring- 
ing the number of the box, indicate in what part of the 
city the fire is located. On frequent corners there are plugs 
to which the hose can be attached, and from which an 
abundant supply of water is secured through mains and 
pipes laid beneath the streets. Strong and courageous 
men, regularly employed for this purpose, hurry to the 
scene of the fire. These firemen are often called upon to 
risk their own lives in the rescue of people from a burning 
building, or in preventing the spread of the fire. In Rich- 
mond the fire department consists of ten steam engines, 
eight combination chemical wagons, three hook-and-ladder 
trucks, and two hose wagons, as well as engines and wagons 
held in reserve. The corps of firemen consists of a hun- 
dred and forty-seven officers and men. The police also are 
called upon to assist at fires by keeping back the crowds 
which gather and by preventing reckless people from endan- 
gering their lives. 

28. Protection of landed property. Disputes frequently 
arise over the question as to who is the rightful owner of a 
piece of land. If the Government did not provide some 
means for protecting landowners, these disputes would be 
much more frequent than they are. In Virginia every 
piece of land owned by an individual must be registered at 
an office provided by the Government. Whenever such a 
piece of property is transferred from one person to another, 
either by sale or by gift, the transfer must be recorded. 



PROTECTION OF PROPERTY 39 

Usually a lawyer is employed in such cases to look up the 
whole history of the piece of land and to trace its num- 
erous transfers. The owner then feels secure in his pos- 
session, for no one else will ever be able to claim the prop- 
erty by reason of its having been improperly transferred. 
This is called securing a clear title to the property. 

29. Protection of homes. Sometimes a man is very un- 
fortunate in his business. He may make serious mis- 
takes, or by poor investments he may lose a great deal of 
money. As a result he finds himself heavily burdened with 
debts that he is unable to pay. His creditors begin to 
press him for settlement, and he stands in danger of hav- 
ing everything he possesses sold at auction, and himself 
and his family left in abject poverty. The Government 
realizes that many men are brought to this position through 
no direct fault of their own. It realizes, too, that if the 
man is made a pauper, especially if he is advanced in 
years, it will be impossible for him to recover himself. 
The Government therefore provides that an amount of his 
property not exceeding $2,000 shall be reserved to him. 
This protection is known as the homestead exemption. In 
addition the law provides that a man may retain one horse, 
one cow, and a certain amount of his furniture. 

Some men are unwilling to take advantage of this 
reserve offered by the Government. This is a duty, how- 
ever, that a man owes to his family. Usually it should be 
gladly accepted, not only because it keeps his family from 
want, but because it gives him the opportunity to get into 
business again, to rebuild his broken fortunes, and per- 
haps to pay his debts in full. 

30. Government control over property. In general we 
may do what we please with our property so long as we do 
not interfere with the rights of other people. In case our 



4 o HOW WE ARE GOVERNED IN VIRGINIA 

property is a piece of land, we may erect buildings on it; 
or we may dig beneath it ; and if we find minerals, or coal, 
or oil, these things belong to us. When the interests of the 
community, however, conflict with our own desires, the 
Government places certain restrictions .upon us in the use 
of our land. In country districts, for instance, the Govern- 
ment usually requires that farms shall be fenced in, in 
order that cattle may not stray around and injure other 
people's property. 

In towns and cities various restrictions are placed upon 
the use of property. The Government may determine the 
height of a building, or it may prevent a wooden structure 
from being placed in the heart of the city. It will not per- 
mit the owner of a piece of property to use his property for 
carrying on any business that would endanger the lives and 
property of others or be a nuisance to his neighbors. It 
usually requires the property owner also to keep the side- 
walks bordering his property free from snow and ice. 

In some cases the Government may even take our prop- 
erty entirely from us. It may seem advisable, for instance, 
to open a road or street through the property we own ; or 
the Government may desire to construct a park, or put 
up a school or other public building on our property. 
Frequently the owner is willing to sell such property to the 
Government for a reasonable amount. * But in many cases 
terms cannot be agreed upon, or the owner may not wish 
to sell at any price. The Government thereupon takes the 
property away from him.- The law provides, however, that 
in no case shall this be done without just compensation 
being paid to the individual for his loss. This power of the 
Government to take a man's property from him is called 
the power of eminent domain. 

The Government usually confers this power upon rail- 



PROTECTION OF PROPERTY 41 

roads. It is absolutely necessary that railroads should be 
given the right of way over all property. While the indi- 
vidual whose property the railroad takes should be fully 
paid, he must nevertheless be prevented from charging an 
unreasonable price for it. 

In one other important instance the Government takes 
the individual's property from him — and that, without any 
direct compensation in money. This, however, brings up 
the whole question of taxation, a subject which will be re- 
served for a later chapter. (See chapter VII.) 

31. Property owned by the Government. In every com- 
munity the Government owns some of the property. Rivers, 
most of the roads, and many of the bridges are the property 
only of the Government. In cities the Government owns 
the streets, alleys, and parks- — those portions of the prop- 
erty that are used by all the members of the community in 
common. The Government must own public buildings 
also, such as the State Capitol at Richmond, the county 
court-houses, city and town halls, public schools, public 
libraries, post-offices, prisons, and poorhouses. 

32. Summary. We have discussed here only in brief 
outline what the Government does to protect us in the pos- 
session of our property. As we stated in the beginning, 
the whole system of governmental protection of property 
is very complicated. Now it may seem to you from what 
has been said that the Government undertakes in many 
instances to interfere with us in the use of our property. 
There are restrictions in regard to this, and restrictions 
in regard to that. In every instance, however, where the 
Government has seen fit to control us in the enjoyment of 
our property, it is because the interests of the community 
have demanded it. 



42 HOW WE ARE GOVERNED IN VIRGINIA 



QUESTIONS FOR CLASS DISCUSSION 

i. What do we mean by property? What property do you use 
in school? What part of it belongs to you? What part belongs to 
the school? Who supplies this school property? Are you pro- 
tected in the possession of your books and pencils? Who protects 
you? 

2. Tell what you know of the life of the American Indians in 
early times. What kind of property did they have? Why did 
they not own land? 

3. Who owns the land in your community? How may one man 
transfer a piece of land to another? In case of dispute over the 
ownership of a piece of land, who settles it? 

4. What means does your community afford for protection against 
burglaries? Who arrests the burglar and what is done with him? 
Why do police patrol the city streets? Why are streets lighted? 
Why is there no patrol in the country districts? How is the police 
force organized? 

5. Find out what you can about the fire department in your com- 
munity. What is its purpose? Who supports it? Have you ever 
seen a large fire? How is an alarm turned in? Explain how the 
department operates. Why are there no fire departments in the 
country districts? 

6. What property does the Government own in your community? 
How did the government get it? Why is this property owned by 
the Government? 

7. Do you ever remember a road or street being opened in your 
community across some man's property? Or do you ever remem- 
ber a schoolhouse or other public building being built on some 
man's property? If you do not know of any such instance, per- 
haps your parents or teacher can tell you of one. Who opened 
this road or street? Or who built this building? How did the 
Government get the property? Was the former owner justly paid? 
What is this power of the Government to take property called? 



CHAPTER IV 

HOW OUR LIBERTY IS PROTECTED 

33. What liberty in a community means. When in the 
first chapter we were discussing our desire for liberty 
(see page u), we saw that liberty in a community does 
not mean the right to do anything we please. The rights 
of others must be considered. If everybody were free to 
do what he liked at any time, there would be no law and 
order, no peace and safety, no protection for our lives and 
property. 

Now it may seem to you that the Government, with all 
its laws and regulations and its officers appointed to carry 
them out, really deprives us of our liberty in many ways. 
This is quite true. But suppose the Government did not 
exist. It is easy to see that the most powerful man would 
exercise his liberty without regard to those about him, 
especially if he happened to be a man of evil character. It 
is necessary for us to have laws and Government in order 
to prevent the strong from oppressing the weak. It is thus 
by restricting the liberty of everybody to some extent that 
the liberty of all is secured. 

34. How the Government itself is restricted. You must 
not think, however, that the Government can in every casq 
make whatever laws it pleases. It cannot always pass laws 
that place restrictions upon our liberties. The people of 
Virginia, like the people in all the States of the Union, lay 
down certain limits in which the Government may act. 
They determine what powers the Government may exercise 

43 



44 HOW WE ARE GOVERNED IN VIRGINIA 

and prescribe certain things which the Government itself 
may not do. 1 We saw, for example, that the Government 
may not in any case take our property by its right of 
eminent domain without paying us a just amount for it. 
Again, when we were discussing the case of a man brought 
to trial for his life, we saw that there are certain rights 
which the Government has to respect. It has to give him 
a trial by jury and an opportunity to defend himself in a 
fair and open court. More often, however, it is not a 
man's life which is at stake in such a trial but his liberty. 
He is in danger of being thrown into prison for the offense 
of which he is accused. In such cases the prisoner usually 
has the same rights that he would have if he were on trial 
for his life. In many other ways too the people place 
restrictions upon the powers of the Government so that it 
may not be able to interfere with the individual's liberty. 

35. Protection of our freedom of speech. In some coun- 
tries today, as for instance in Russia, people have to be 
very careful what they say about the Government. News- 
papers are prohibited from publishing articles criticising 
the Government; an officer called a censor is appointed to 
examine every article of news that they propose to publish. 
The object of this is to keep the people ignorant of what 
the Government is doing. Even in countries much better 
governed than Russia, as for instance in Germany, the 
individual has to be very careful what he says about the 
Sovereign. In Virginia, however, and indeed throughout 
the United States, there is no suppression of news in re- 

^his is accomplished by what is known as a Constitution. The 
Constitution is drawn up by representatives chosen by the people. 
It limits the powers of the Government to interfere with certain 
of our liberties, and the Government itself has no power to change 
the Constitution. See chapter VIII. 



PROTECTION OF LIBERTY 45 

gard to the Government. Anybody may say what he 
pleases about the affairs of the Government. 

Why is such liberty permitted in America? It is because 
we believe that the more the people know about the Govern- 
ment the better Government we shall have. It is neces- 
sary, therefore, that the people be permitted to discuss 
the actions of the Government very freely. Sometimes 
bad officers get control of the Government. It is right 
that the people should know of this. On the other hand, 
good officers and good laws are sometimes condemned, 
and the liberty that we as a people enjoy in this respect is 
abused. This is, of course, unfortunate. But even though 
this liberty of speech is sometimes abused, it would be far 
worse if we were kept in ignorance of what the officers of 
the Government are doing. 

During the second administration of President Washington and 
the administration of his successor, John Adams, the newspapers 
of the country became very violent and abusive in their attacks 
upon the national Government. Congress sought to put a stop to 
this annoyance. They passed a law for the punishment of those 
who published scandalous articles about the Government. This 
was regarded at the time as a serious interference with the liberty 
of the people. It was questionable whether Congress had the power 
to pass such an act. Both James Madison and Thomas Jefferson, 
in the famous Virginia and Kentucky Resolutions, expressed their 
hearty disapproval. The law remained in force only three years, 
and no attempt has ever since been made by the national Govern- 
ment to pass a law restricting the freedom of speech. 

While we are secure in our right to discuss the Govern- 
ment whenever we please, we may not, however, say what- 
ever we choose about our fellowmen. Suppose one man 
could say whatever he desired about another without any 
fear of punishment. It would often happen that stories 



46 HOW WE ARE GOVERNED IN VIRGINIA 

would be told and published that would seriously hurt an 
innocent man's reputation or business. Indeed this is 
sometimes done. Whenever a person can prove in court 
that he has been slandered by another, the law provides 
that his slanderer shall pay him a sum of money equal to 
the loss that he has sustained. This, of course, is not 
always sufficient to protect him, for it is difficult to measure 
a man's reputation in money. It is sufficient, however, in 
many cases to prevent men from making malicious attacks 
upon the personal character of others. 

36. Protection of our freedom of religion. Several cen- 
turies ago, in England and in other countries, people held 
such strong opinions about religious matters that those 
who controlled the Government would often persecute those 
who held beliefs different from their own. You recall that 
the Puritans left England and Holland and established 
themselves in New England in order that they might wor- 
ship God as they chose. 

Even after religious persecutions had generally ceased 
among civilized people, the Governments of most countries 
continued to prescribe a certain religion which was known 
as the " state religion." No one could vote or hold office 
who was not a member of the so-called "established 
church" — that is, the church established and supported by 
the Government. This state of affairs continues today in 
some countries. In others, as for example in England, 
while all such restrictions upon office holding and voting 
have been removed, the church is still supported by the 
Government. People, however, are free to worship at any 
church they choose. 

You may not know that in Virginia down to 1785 there 
was an " established church." At times during colonial 
days persecutions were carried on in Virginia against those 



PROTECTION OF LIBERTY 47 

who presumed to teach any religion other than that of the 
Episcopal Church, or Church of England, as it was called. 
No small number of preachers were imprisoned in Virginia 
for having violated the peace of the community by preach- 
ing an "unlawful" religion. It was largely through the 
efforts of Thomas Jefferson and James Madison that com- 
plete freedom of religion was established in Virginia. This 
meant a great deal to the Baptists, Presbyterians, Metho- 
dists, and Quakers, who had for a long time suffered in the 
name of their religion. 

In this day and generation we can scarcely understand 
how disagreeable it was to have the Government impose 
one particular church upon all the people. We are accus- 
tomed to living in communities where every man is per- 
mitted to worship wherever he chooses and according to 
any form that he desires. Nor is any man today required 
by law to contribute to the support of any church. The 
people of Virginia have prohibited the Government from 
ever seeking to re-establish any particular church. 

37. Protection of our personal freedom. So long as we 
obey the laws of the community in which we live, we can- 
not be restrained in our freedom to do as we please. We 
may move about freely from place to place. We cannot 
be forced to remain in any one community, nor can we be 
compelled to render service to any other person. Of course 
it is the duty of a man who is at the head of a family to 
provide support for his family, and this frequently requires 
him to render service to other people for which he is paid. 
This, however, does not bind one man to serve another. 
Children, too, are not wholly free from restraint. They 
are naturally under the protection of their parents, and their 
freedom is in that respect very properly denied to them. 

Before the War between the States, almost the entire 



48 HOW WE ARE GOVERNED IN VIRGINIA 

negro population of Virginia, in common with the negroes 
of the rest of the South, was held in slavery. Slaves were 
bought and sold ; indeed they were exchanged very much 
like other property. Although they were in most cases 
treated kindly by their masters, they did not enjoy any 
degree of personal freedom. They were compelled to do 
just what their owners required of them. As a result of 
the war, however, the negroes were made free, and today 
they enjoy the same amount of personal freedom that is per- 
mitted to the white population. It is now a general prin- 
ciple of Government throughout the United States that no 
man is to be deprived of his liberty to do as he pleases so 
long as he obeys the laws of the community in which he 
lives. 

38. Summary. You will perhaps understand more fully 
now what we mean when we speak of our liberty in the 
community. It is true that the laws which the Govern- 
ment makes re.quire many things of us and prevent us from 
doing others ; but as we have seen, this is necessary to pro- 
tect the rights and liberties of all. You must bear in mind, 
too, that the Government itself is controlled by the people. 
It cannot deprive us of certain of our fundamental liberties. 

QUESTIONS FOR CLASS DISCUSSION 

1. What are some of the rules of your school that restrict your 
liberty? Why, for instance, are you not allowed to talk whenever 
you choose, or to move about as you choose, or to make disturb- 
ances? How would these things conflict with the rights of others? 
Explain, then, what liberty in the schoolroom means. 

2. How is your liberty in the family restricted? Who makes the 
rules which you must obey in the home? Why are they made? 

3. Compare the restrictions upon your liberty in the school and in 
the family with the restrictions which the Government places upon 



PROTECTION OF LIBERTY 49 

the liberties of people living in the community. Why are these 
latter restrictions necessary? What, then, do we mean by liberty in 
a community? 

4. Can the Government restrict the liberty of the people to any 
extent it chooses? Can the Government, for instance, prohibit free- 
dom of speech? What do we mean by freedom of speech? Can 
one man say or print anything he chooses about another without 
fear of punishment? 

5. Does the Government prescribe what church you shall attend? 
Could it do so if it wished? Why? Did the Government of Vir- 
ginia ever make such laws? Why were they abolished? What is 
meant by an "established church ?" 

6. Could the Government arrest you and throw you into prison 
without any cause? Suppose you were suspected of having com- 
mitted a crime, could you be arrested? What rights would you 
have? Would the Government have to prove you guilty? 

7. Did you ever hear or read that some officer of the Government 
was unworthy of his position? Have the people in Virginia the 
right to talk freely about the Government? What good results 
from this? What evil sometimes results? 

8. When was slavery abolished in Virginia? How much liberty 
did the slaves enjoy? What liberties do the colored people enjoy 
today? What liberties do all of us enjoy? 



CHAPTER V 

WHAT THE GOVERNMENT DOES TO HELP US 
IN OUR DESIRE FOR KNOWLEDGE 

39. Why the Government promotes education. Many of 
our histories record the famous remark made by Governor 
Berkeley, of Virginia, in his report to the Commissioners 
of the Colonies in 1671. "I thank God," he said, "there 
are no free schools or printing presses, and I hope we shall 
not have any these hundred years." We of this day can 
scarcely understand what could have prompted such a 
remark as this. It seems almost as if our whole lives were 
centered around our schools and printing presses. What 
could Governor Berkeley have meant? His declaration 
certainly had a deeper meaning than we may at first be- 
lieve. It is a well known fact of history that people can 
be held under a tyrannical Government only by being kept 
ignorant, and this was exactly what Governor Berkeley 
had in mind. He realized very fully that as soon as the 
common people began to think for themselves, there would 
no longer be any possibility of the Government oppressing 
them. They would rise up and demand those rights which 
they had come to understand through education. As soon 
as people begin to learn things, as soon as they begin to 
read and write, they begin to feel their power, and they 
immediately want to govern themselves. 

It is just as true, however, that we as a people are not 
capable of governing ourselves unless our minds have been 
trained, unless we have studied earnestly, unless we are in- 

50 



PROMOTION OF EDUCATION 



51 



telligent and well read. This is the reason why in the 
United States every State undertakes to provide schools 
for the people. The establishment of schools is the chief 
way in which the Government can promote knowledge 
among a people and make them better citizens. Nearly 
everybody now admits that in a democracy — that is, a 
community in which the people govern themselves — the 
Government must provide means for the education of every 
child, rich or poor, white or colored. 

40. The history of public education in Virginia. Of all 
the great statesmen who helped to found this nation of 
ours, Thomas Jefferson perhaps had more faith than any 
one else in the ability of the people to govern themselves. 
He was a firm believer in popular or democratic Govern- 
ment. But he realized that it was very necessary to im- 
prove the intelligence of the masses of the people. He 
proposed that both primary and high schools be estab- 
lished at the public expense throughout the State of Vir- 
ginia, with a university, established in like manner, as the 
crowning achievement in a general system of free educa- 
tion. Although his plan was adopted by the Government 
of Virginia, it was never fully carried out. 

As early as 1808 a sum of money known as the Literary 
Fund was set aside for the education of the poof children of 
the State. It was not a large fund, however, and the peo- 
ple looked upon it as a charity. Even when they were too 
poor to pay for the education of their children, they were 
too proud in many cases to accept the assistance of the 
Government. A considerable number of "free" schools 
were nevertheless established by means of this fund, as well 
as by private donations and subscriptions ; and many 
thousands of children were thus educated without expense 
to their parents. 



52 HOW WE ARE GOVERNED IN VIRGINIA 

It is only since the War between the States, however, 
that a real system of public education has been established 
in Virginia. The old "free" schools existing in various 
parts of the State were made a part of our present system, 
which dates back only to the year 1870. 

It has often been remarked that the Northern States 
were far in advance of Virginia in establishing public schools. 
The Governor of Connecticut, at the same time that Gov- 
ernor Berkeley made his outrageous remark about free 
schools and printing presses, wrote to the Commissioners, 
saying : " One fourth of the annual revenue of the colony 
is laid out in maintaining free schools for the education of 
our children." This certainly showed a marked difference 
in the attitude of the two colonies toward education. Why 
was it that Virginia was so long in establishing a system 
of public schools? There were several very good reasons. 

In the first place Virginia was settled in large planta- 
tions widely scattered over the State. The people of the 
country districts, therefore, lived far apart from one 
another. Even if the Government had in early times 
attempted to establish schools, it would have been difficult 
for the children in the outlying districts to attend them. 

Moreover, there was in Virginia a large population of 
negro slaves. This fact caused society to be divided into 
three classes. There was first a wealthy class of land- 
owners and slave-owners, together with the professional 
men of the State. Next there was a class of poor white 
people consisting of mechanics, artisans, and laborers, who 
were despised by the negroes. And lastly there was the 
slave population. Now the Government of Virginia was 
almost exclusively in the hands of the upper class. The 
people of this class had money and the opportunity to pro- 
vide education for their children by other means than at 




Old Building of the Louisa Court-House 
Graded School 




New Building of the Louisa Court-House 
Graded and High School 



54 HOW WE ARE GOVERNED IN VIRGINIA 

the public expense. They did not see the necessity, there- 
fore, for general public education in order that all the peo- 
ple might share in the Government. 

In New England, however, where public education first 
flourished, conditions were very different. The people 
settled in towns and on small farms. They were all close 
together, and it was easy for the children to get to a school 
if it was provided for them. There were few negro slaves 
in these communities, society was not divided into classes, 
and nearly everybody took some part in the popular gov- 
ernment. Under such conditions it was natural that each 
of these town communities should establish a school for all 
the children. You can readily understand, therefore, why 
public education developed early in New England, and 
why it failed to develop in Virginia and the rest of the 
South. 

41. How the family should help to promote knowledge. 
There are many ways in which the family can and ought to 
assist in educating its members whenever it can afford to 
do so. There ought to be newspapers, magazines, and 
books in every household, and the children should be en- 
couraged in the reading of good literature. Sometimes the 
wealthier families in a community employ special teachers 
for their children. Sometimes they pay for their education 
at private schools and colleges. It is very clear, however, 
that if this were the only means afforded for the education 
of children, the result would be that only the well-to-do 
families would be educated. This, as we have just seen, 
was once the situation in Virginia. It is equally clear -that 
if every child in the community is to have the opportunity 
of an education, the community must provide the schools. 

Perhaps the foremost duty of the family is to see that 
children are sent to school. Parents sometimes fail to 



PROMOTION OF EDUCATION 55 

realize their own responsibility. The Government indeed 
provides the schools, but it is the duty of parents to see 
that their children take advantage of every opportunity for 
education that is within their reach. 

42. What the Government of Virginia aims to do for edu- 
cation. Those who have in charge the direction of public 
education in Virginia have said that their present aim is to 
place within reach of every child in the State a well 
equipped graded school, and to establish in each county at 
least one high school. - But the Government has to face 
many difficulties in accomplishing this high purpose. In 
the first place, the necessary money is not always easy 
to secure. Sometimes communities are very poor. They 
object to giving a great deal of money for the establish- 
ment and support of schools. There are many people also 
who do not realize in its fullest sense the need of general 
education. They prefer to have the Government spend its 
money for good roads or some other purpose. And even 
when schools are established, they prevent their children 
from attending them because they need them to work at 
home or on the farm. 

Another difficulty which the Government has to face in 
the building up of a system of schools is caused by the fact 
that our population is divided into two races. There must 
be separate schools for each race, and the expense is in 
consequence often doubled. All the children of school age 
in a given community may not be more than fifty, but if 
twenty-five of these are colored children, there must be 
two schools. 

The Government, however, has accomplished a great 
deal in the way of overcoming these obstacles. While the 
responsibility for supporting the schools rests largely with 
each county or city, the State Government recognizes that 



56 HOW WE ARE GOVERNED IN VIRGINIA 

it must assist in building up the school system. It there- 
fore appropriates a part of the money necessary for the 
maintenance of schools in each community. Sometimes 
there are a number of poor schools situated close together. 
In many cases these are being consolidated into one school 
with a splendid building, more teachers, and better equip- 
ment. In order that the children may not find it difficult 
to attend these consolidated schools, wagons are usually 
provided to take the children to and from school. The 
Government is also encouraging the formation of educa- 
tional leagues and associations in each community. The 
object of these associations is to arouse interest in public 
education and to exert their influence for the improvement 
of school conditions. There has recently been established 
in Virginia also a journal devoted entirely to the interests 
of education. To this journal the Government lends its 
hearty support. It is evident that the Government is doing 
everything within its power to furnish for the children of 
Virginia excellent educational opportunities. 

43. Education in cities. Cities usually provide better 
equipped schools than the country districts are able to 
afford, and it is easy to see why this should be the case. 
The cities are always wealthier than the rural communities, 
and can more easily get money for schools. There are 
many more children to be provided for, and since these 
children live close together, they find no difficulty in get- 
ting to and from school. In every city of Virginia there 
is a school within walking distance of every child. The 
organization of the schools is also usually better than that 
of the country schools. This results from the fact that in 
the cities it is possible for the superintendent of schools to 
keep constantly and closely in touch with the every-day 
conditions of his schools. In every city, moreover, and 



58 HOW WE ARE GOVERNED IN VIRGINIA 

in many towns and counties, a high school is provided so 
that the young people may continue their education be- 
yond the elementary studies. 

44. What the Government does for higher education. In 
Virginia, as in most of the States of the Union, the Gov- 
ernment is not content with providing graded and high 
schools for the boys and girls of the State. Some pro- 
vision is also made for higher education in colleges, insti- 
tutes, and universities. The University of Virginia, at 
Charlottesville, was established in 1819 through the efforts 
of Thomas Jefferson. From that day to this, supported 
partly by the Government of the State, it has been educat- 
ing men whose influence has been felt not only in the State 
but also in the affairs of the nation. Every boy in Vir- 
ginia can secure at this University his college education 
free of all cost. At Farmville, the Government of the 
State maintains a Normal School for the training of women 
teachers ; and in 1908 provision was made for two addi- 
tional normal schools for women, one located at Harrison- 
burg, and the other at Fredericksburg. It lends its support 
also to the Virginia Military Institute at Lexington, the 
Virginia Polytechnic Institute at Blacksburg, William and 
Alary College at Williamsburg, and the Medical College of 
Virginia at Richmond. The Government also maintains 
for the colored people a Normal and Industrial School at 
Petersburg. 

45. What the school does for the community. We have 
been discussing the question of what the community, or 
Government, is doing for the schools. The question 
naturally arises, why should the Government go to all of 
this trouble and spend all the money necessary to establish 
an adequate school system? We saw that one of the 
reasons for this was that the people of any community 



PROMOTION OF EDUCATION 



59 



must be educated if they are to govern themselves intelli- 
gently. (See page 50.) You must not think, however, 
that schools are provided simply that men may know how 
to vote intelligently. There are several other reasons why 
the community ought to encourage and support schools. 
Let us see what some of these reasons are. 




A Wagon in Augusta County 
Used for carrying- children to and from a consolidated school 

In the first place, educated men understand some things 
which uneducated men do not understand. Knowing 
more things and having trained minds, they make better 
farmers, better store-keepers, better business men. They 
can earn more money, and whatever a man earns for him- 
self, you must understand, increases the wealth and pros- 
perity of the community in which he lives. 



6o 



HOW WE ARE GOVERNED IN VIRGINIA 



In the second place, your life within the school is very 
similar to the life you are to lead in the community. Just 
as in the community people have desires, so in the school 
the pupils have desires — desires for health, for possessions, 
for liberty, for knowledge, for progress. The purpose of 
the school is to assist the pupil in the attainment of these 
desires. But there are also conflicts in the desires which 
different pupils have, and as a result there are rules or laws 
of the school which must be obeved. The teachers and the 




Smyth County High School, Marion, Virginia 



principal, backed by the superintendent and the school 
board, make and enforce these laws. They correspond to 
the Government in a community ; they are the Govern- 
ment of the school. You thus see that in your life in the 
schoolroom you are face to face with many of the same 
conditions which people meet in community life. You are 
trained at school into habits of obedience. You are taught 



PROMOTION OF EDUCATION 6l 

to respect your elders and superiors, to be courteous 
always to your fellow-students, and to be considerate of 
their rights and privileges. The good habits you form 
and the training you receive in school are just what you 
need to make you a better citizen in your community. 
Sometimes these facts are lost sight of in the every-day life 
of the schoolroom, but even when they are not brought to 
your attention, they are not without effect. Training for 
good citizenship is always present in the schoolroom. 

In the third place, our outlook is broadened by educa- 
tion. YVe learn of many things that have happened during 
the world's history, and of many more that are happening 
today. We learn to understand and appreciate many old 
things and to see many new things. We come to enjoy 
good books and other high forms of pleasure. YVe see our 
duty to our community more clearly. We are more will- 
ing to devote our time to the service of our community 
and State ; and perhaps we are trained so that we will make 
efficient servants of the public. 

Of course there are some exceptions to this. Xot all 
educated men are noble, and high-minded, and considerate 
of the welfare of their community, but it is true that this is 
the general effect of education upon a people. You can 
easily see, then, what the school does in return for all that 
the community sacrifices to build and maintain it. 

In one other way does the school improve the com- 
munity. It often advances the prosperity of the commu- 
nity by increasing the value of property and attracting new 
residents. People do not always realize the truth of this. 
When families with children desire to move from one com- 
munity to another, they are often very particular to in- 
quire about the schools. They are unwilling to settle in 
any place unless there is a good school near at hand. This 



62 HOW WE ARE GOVERNED IN VIRGINIA 

is true both in the city and in the country districts. More- 
over, whenever a handsome school is built in any commu- 
nity the property around the school nearly always advances 
in value. People want to live close to the school, and they 
are w T illing to pay for the privilege of doing so. 

46. Other ways in which the Government promotes knowl- 
edge. We have seen that the public schools are the chief 
means by which the Government fosters education in the 
community. The Government does many other things, 
however, to advance knowledge among the people. It has 
established in Staunton an institution in which the deaf and 
blind receive education appropriate to their needs. A few 
miles from Richmond there is a reformatory where way- 
ward boys are sent to be instructed in useful trades and to 
receive moral training, in order that they may not in after 
years become criminals who violate the laws of the com- 
munity. 

In Richmond there is a large library owned and sup- 
ported by the State Government. In connection with this 
library, collections of books known as "traveling libraries" 
are sent temporarily to all parts of the State. Moreover, 
in some of the cities of Virginia there is a movement on 
foot to establish free libraries. Norfolk already has such 
a library. The building was given by Mr. Andrew Car- 
negie, and the library is supported at the expense of the 
city. 

47. Summary. It is evident that the communities in Vir- 
ginia are making marvelous progress in the advancement 
of education and the promotion of knowledge among the 
people. There is much yet to be done. The day is not 
far distant, however, when every child in the State of Vir- 
ginia may have the opportunity, at least, of securing a 
splendid education, free of all direct cost to his family, 
under the patronage and support of the Government. 



PROMOTION OF EDUCATION 63 



QUESTIONS FOR CLASS DISCUSSION 

1. What evidences are there in your community that the Govern- 
ment is helping the people to attain knowledge? Are there public 
schools? Is there a public library? Is there a high school? A 
public institution of higher learning? Have you ever seen a travel- 
ing library? 

2. Explain how your life in the school corresponds to life in 
your community. What constitutes the school government? Who 
makes and who enforces the laws? Do you see how your school 
training will help to make you a better citizen? In what way? 

3. Do the people in Virginia govern themselves? What kind of 
Government is this called? Why is education necessary for people 
who govern themselves? W T hat were Thomas Jefferson's views 
about this? 

4. What are some of the reasons why public education did not 
develop in Virginia before the war? Why did it develop in New 
England? 

5. Tell what you know of the school system of your community. 
If there is no high school near you, are the people talking of 
building one? Who is your county or city superintendent? What 
are the duties of the school board? Do you know any of its mem- 
bers? 

6. Is your school a graded or an ungraded school? Have any 
schools in your county been consolidated? How are the pupils 
brought to the school? Why were the schools consolidated? If 
you are a pupil in a consolidated school, what are some of the advan- 
tages you now enjoy which you did not have before? 

7. Who builds and pays for the support of public schools? Why 
does the Government do this? Suppose the Government did not 
provide schools, are there not many children who would be deprived 
of an education? 

8. In what ways does the family assist in education? What is the 
duty that parents owe their children? What duty do you as pupils 
owe yourselves? 



CHAPTER VI 

WHAT THE GOVERNMENT DOES TO PROMOTE 
COMMUNITY PROGRESS 

48. What community progress is. It is very necessary 
that the people who live in a community shall have daily 
intercourse with one another, and that this intercourse 
shall be made as comfortable and easy as possible. This 
calls for good roads and streets, for railroad, steamboat, 
and trolley lines. Means must be provided also by which 
the people of one community may have communication 
with the people of other communities. This requires that 
a system of post-offices be established, as well as telegraph 
and telephone service. Most of us too desire beautiful 
things around us, not only in our homes, but when we go 
out into the highways which are the common property of all 
the people of the community. The eye is pleased with the 
sight of such things as beautiful buildings, well-kept parks, 
and monuments, and our life within the community is made 
more delightful and more inspiring by the presence of 
these things. Now we usually have in mind undertakings 
of this kind when we speak of community progress. 

We must bear in mind, however, that each of us is very 
largely responsible for the progress that our community 
makes. The improvements we put upon our own property 
help to improve the community. When we plant grass 
and flowers in our yards, we improve the appearance of the 
streets. When children refrain from scattering paper in 
the streets, from defacing trees and shrubs, from marking 

64 



PROMOTION OF COMMUNITY PROGRESS 65 

on fences and walls, they help to keep their community 
clean and attractive. When a man advances his own busi- 
ness interests, he promotes the welfare of the community as 
a whole, for the prosperity of the community is measured 
by the prosperity of those who live in it. In many ways 
each of us can assist in promoting the progress of our 
community. 

Sometimes, too, large companies are formed for the pur- 
pose of carrying on enterprises which advance community 
progress. Railroads, trolley lines, boat lines, the tele- 
graph and the telephone service are all owned and operated 
by private companies for the purpose of gain. The pro- 
gress of any community is very dependent upon such un- 
dertakings as these. 

In many cases, however, neither an individual nor a 
stock company is willing to undertake those things that 
are necessary for the progress of the whole community. 
Most of them require an enormous outlay of money, and 
from many of them no profit can be derived. It then be- 
comes the duty of the Government to undertake these 
great enterprises. They call for the expenditure of a large 
amount of money, but they increase the comfort, the pleas- 
ure, and the pride of all the members of the community, 
and they facilitate communication and intercourse. 

49. Why good roads are necessary. When in 1790 
Thomas Jefferson arrived in New York to take his posi- 
tion as Secretary of State in the new Government of the 
United States, he wrote to a friend whom he had left in 
Virginia: "I arrived here on the 21st inst, after as 
laborious a journey of a fortnight from Richmond as I 
ever went through ; resting only one day at Alexandria, 
and another at Baltimore. I found my carriage and 
horses at Alexandria, but a snow of eighteen inches deep 





■ 




1*13^^ 


i^r^f^- 










** 


* ' ••' ? *~ ■?*' **r" 






--', :|i||P 






V ' •' ' ' 



An Unimproved Road in Augusta County, Virginia 





..isl 









The Same Road at the Same Point After Improvement 



PROMOTION OF COMMUNITY PROGRESS 67 

falling the same night. I saw the impossibility of getting 
on in my carriage, so left it there, to be sent to me by 
water, and had my horses led on to this place [Xew York], 
taking my passage in the stage, however relieving myself 
a little sometimes by mounting my horse. The roads 
through the whole way were so bad that we could never go 
more than 3 miles an hour, sometimes not more than 2, and 
in the night but one." 

In this day of rapidly flying railway trains and the other 
conveniences of swift transportation, we can scarcely under- 
stand what difficulties and discomforts attended upon 
travel in those early days. Think of taking fourteen days 
for a trip from Richmond to Xew York — a journey which 
we now make in almost half as many hours. 

Many people, especially those who live in cities, think 
that with our present system of railroads there is no lon- 
ger any necessity for having good driving roads. They 
point out that articles of food and products for manu- 
facture are brought into the great cities almost entirely by 
railroad or by boat. They would perhaps be surprised to 
learn that ninety-five per cent of these articles have first to 
be hauled by wagons over the country roads to depots and 
wharfs. And it must be remembered that the people 
living in cities are absolutely depend-ent upon the people 
of the country districts, both for their food and for the 
raw materials which they use in factories. The problem 
of good roads is therefore one in which all of us should be 
deeply interested. 

50. What the Government in Virginia does for good 
roads. In Jefferson's time it was generally the custom in 
Virginia for the large planters to build such rude roads as 
they needed. If these roads were used by others, a toll 
was charged. With the growth of population it became 



68 HOW WE ARE GOVERNED IN VIRGINIA 

evident that the community would have to undertake the 
construction of roads for the common benefit of all. Even 
after the counties began to build roads, the Government 
usually met the expenses by charging tolls. This toll 
system is still followed in some parts of the State ; and 
there are still some private roads. 

Another plan adopted in Virginia was that of requiring 
every able-bodied man living outside of a town or city to 
work on the country roads two days of each year, or else 
to pay the county a sum equivalent to a laborer's wages for 
two days. A law providing for this method of keeping up 
the roads existed in Virginia down to 1904, but it was not 
a great success. Some people think that anybody can 
construct a road ; but as a matter of fact the building of a 
good road requires the skill of a trained engineer. Most 
farmers do not possess this necessary training. 

Provision is now made by which the State Government 
supplies to each county desiring to improve its roads a 
competent road-engineer and a force of laborers made up 
of convicts from the State penitentiary. The county pays 
the salary of the engineer, as well as for the material — 
gravel, stone, cinders, shells — used in making the road. 
This law has been in operation only a short time. If the 
counties will take advantage of this means offered by the 
State, much can be done to improve the condition of the 
roads, and thus to advance the progress of the country 
districts. The State Government has more recently deter- 
mined to appropriate $250,000 annually, beginning with 
the year 1909, to assist the counties in constructing roads. 
Half of the expense will be borne by the State. 

51. How the Government controls railroads. In Europe 
many of the railroads are owned and operated by the Gov- 
ernment, but in the United States this plan is not adopted. 



PROMOTION OF COMMUNITY PROGRESS 69 

The Government realizes, however, that the people are very 
dependent upon railroads, and it lends every encourage- 
ment to the building of new lines through parts of the 
country where there are poor railway facilities. For in- 
stance, as we have already noticed (see page 41), it gives 
to the railways the right to take property whenever neces- 
sary under the power of eminent domain, provided always 
that the owner shall be justly paid for the property that is 
taken. The Government realizes, too, that the indivi- 
dual members of a community are very much at the mercy 
of railroads. They may charge exorbitant fares and 
freight rates, or they may be inconsiderate of the traveler's 
comfort. The Government has therefore found it neces- 
sary to subject railroads to very rigid control. 

In Virginia there has recently been established a com- 
mission, known as the State Corporation Commission, 
whose duty it is to make regulations for the control of the 
railroads in the people's interests. This commission con- 
sists of three men. It has the power to determine what 
rates shall be charged, and to require the railways to pro- 
vide comfortable and convenient service for the public. 
The commission can even punish railways by heavy fines in 
case they refuse to obey its orders. The members of the 
commission are given the right also to examine the books 
of the railways and to require reports from them, in order 
that they may at all times be thoroughly in touch with the 
affairs of every railroad. 

Most of our large railways extend beyond the State of 
Virginia into neighboring States. Of course Virginia can- 
not completely control the operations of such railways. 
Wherever these conditions exist, it is necessary for the 
national Government at Washington to undertake the 
control. 



jo HOW WE ARE GOVERNED IN VIRGINIA 

52. How the Government controls waterways. The 
rivers, lakes, and harbors of the State of Virginia are the 
property of the whole people. No one can claim these 
waterways as a part of his own property. Before the days 
of the steam-engine or even of good driving roads, much 
of the travel and most of the freight traffic was carried on 
by means of the waterways. In the passage quoted above 
you remember how Jefferson told of his being forced to 
send his carriage to New York by water. Virginia is 
peculiarly fortunate in having a large number of naviga- 
ble rivers and good harbors. The Government does many 
things for the improvement of the means of navigation. 
It provides for the dredging of rivers and harbors in order 
that larger boats may be able to navigate them. It sur- 
veys and makes charts of the channels of these waterways 
in order that boats may not become grounded in shallow 
water. It makes regulations for the pilots who are to 
steer boats through these channels, and in many other 
ways it provides for security of travel by water. 

Sometimes too the Government has undertaken to build 
canals where there was no natural water route. The 
James River on account of the rocks is not navigable above 
Richmond. Many years ago the Government of Virginia 
assisted in building a canal from Lynchburg to Richmond. 
The rapid development of railways, however, and the con- 
sequent reduction of rates largely put an end to canal 
building. 

53. How the Government controls trolley lines. With 
the use of electricity in transportation vast systems of 
trolley lines have grown up in and near many of the cities 
of Virginia. The Government finds it necessary to con- 
trol these lines in much the same way that it controls steam 
railways. No company can use the streets of a city for 



PROMOTION OF COMMUNITY PROGRESS 



71 



the operation of electric cars without the consent of the 
Government. In return for its consent the Government 
reserves the right to fix the fares to be charged, and to 
regulate the speed of the cars and the frequency with 
which they must be run. 

These trolley lines form a network of tracks through- 
out the larger cities. They provide easy means of trans- 




A Rural Electric Line 

This viaduct, forming a part of the electric railway between Richmond 

and Ashland, is built of solid concrete. 

portation from one part of the city to another, and they 
frequently extend a considerable distance into the country 
districts. Around the larger cities of Virginia extensive 
rural trolley lines have developed. The city of Norfolk is 
connected by trolley with Virginia Beach, Ocean View, 
Willoughby Spit, Sewell's Point, and Pine Peach. Ports- 
mouth is likewise connected with Port Norfolk, Pinner's 
Point, and Churchland. From Richmond electric lines 



72 



HOW WE ARE GOVERNED IN VIRGINIA 



now extend to Petersburg, Ashland, and Seven Pines, 
while Manchester and all the city's suburbs are by the 
same means brought into immediate connection with the 
heart of the capital city. 

Many advantages have resulted from the growth of 
suburban electric lines. People no longer have to live 
near their place of work. At little cost and in a short 
time they can be carried away from the city to pleasant 
homes in the surrounding country. There they enjoy 
better air and have some of the advantages of country life. 
Land too is always cheaper on the outskirts of a city, and 
people of small means can more easily establish homes of 
their own. 

54. Transportation and progress. In what we have said 
about roads, waterways, railways, and electric lines, we 
have frequently used the word "transportation," which 
means the methods by which persons and freight are car- 
ried from one point to another. In modern times it is 
very necessary that transportation be made easy, safe, and 
comfortable. People have to move from place to place 
very frequently. They cannot afford to waste much time 
in travel. The more quickly they are enabled to reach 
their destination with safety, the more they can accom- 
plish. It thus happens that the progress of a community 
can often be measured very definitely by the means of 
transportation which the community affords. 

We have only to refer to one instance in the history of the State 
of Virginia to see the truth of this. In the early part of the nine- 
teenth century the people of the State began to move across the 
mountains, first into the valley, and then into what is now West 
Virginia but was then a part of Virginia. They had no communi- 
cation with the sea and therefore had no outlet for the products they 
raised and the minerals they dug from the earth. The Government 



PROMOTION OF COMMUNITY PROGRESS 



73 



of Virginia was almost wholly in the hands of the landowners and 
slave-owners who lived east of the Blue Ridge Mountains. These 
were jealous of their power. They were jealous too of expending a 
great deal of money to increase the prosperity of the people of the 
western part of the State. The pioneers of the West plead with 
them to build a railroad across the mountains, connecting West 
Virginia with the canal at Lynchburg; but the Government of Vir- 
ginia hesitated to undertake the proposition. What was the result? 
There was already a good wagon road leading from this part of 
Virginia through the State of Maryland; and later the Baltimore 
and Ohio Railroad was built, connecting western Virginia with 
the port of Baltimore, then a small city. The products of western 
Virginia began to pour into Baltimore, and Baltimore began to grow. 
But for this failure to provide the necessary means for transporta- 
tion, Norfolk, with natural harbor facilities far in advance of those 
of Baltimore, might have been to-day what Baltimore is — a city of 
many hundred thousand people. 

55. What the Government does for the transmission of 
news. Postal service. Even as far back as the colonial 
period a crude system of post-offices was established, 
largely through the influence of Benjamin Franklin. At 
first it was a private undertaking, but the people very soon 
realized that it was an enterprise affecting the interests of 
the whole country. It was not long, therefore, before it 
was taken over by- the Government. To-day the business 
of carrying the mails is owned and operated exclusively by 
the national Government at Washington. 

In early days the mails were subjected to the same de- 
lays and difficulties that attended travel. They were car- 
ried by horsemen or stage-coaches, and postage was very 
expensive. After the building of railroads there came a 
reform in the service. The charges for postage were 
greatly reduced, for the Government came to realize that 
cheaper and quicker service was necessary for the progress 
of the whole country. 



74 



HOW WE ARE GOVERNED IN VIRGINIA 



Since the first reduction of postage rates, many other 
reforms have been introduced to facilitate the carrying of 
the mails and to improve the usefulness of the service to 
the people. The most recent of these progressive steps 
has been the establishment of what is known as "rural free 
deliveries." For a long time mail matter has been de- 
livered in cities directly to the houses; elsewhere people 
had to call at the post-office for their mail. Where de- 




A Rural Free Delivery Wagon 
Ready to start from the village post-office 



livery routes have been established in the country districts, 
the farmer now gets his letters and newspapers promptly, 
and without the necessity perhaps of a long trip to the 
post-office. 

On account of their weight newspapers, magazines, and 
books are more expensive to carry than letters. Yet the 



PROMOTION OF COMMUNITY PROGRESS 75 

transmission of such matter is very necessary in order that 
the people of one community may be kept in constant 
touch with what the other communities of their State and 
country are doing. They promote the general knowledge 
and information of the people. The Government therefore 
carries such printed matter at lower rates than it charges 
for letters, even though this policy results in an annual 
loss of about twenty-five million dollars. Small packages 
also may be sent through the mails. 

Telegraph and telephone service. In nearly all Euro- 
pean countries the telegraph lines are owned and 
operated by the Government, and in some of them the 
telephone service also. This is not the case in the United 
States. The transmission of news by telegraph and tele- 
phone is a business undertaken by large companies for 
purposes of gain. As a result this service in the United 
States is more expensive than it is in Europe. Although 
the Government does not own the telegraph and telephone 
systems, the companies engaged in operating them are 
subjected to strict control. The Government realizes that 
we have become very dependent upon these methods of 
transmitting intelligence. It will not permit telegraph and 
telephone companies to charge exorbitant rates, and it 
usually requires them, in the interests of the public, to main- 
tain a thoroughly efficient service. 

In recent years telephone systems have been very gen- 
erally installed throughout the country districts of Virginia. 
This has resulted in immense advantages to rural commu- 
nities. People who live on farms that are some distance 
apart have means for enjoying constant communication 
with one another. Moreover the telephone enables them 
to keep in touch with neighboring towns and cities both 
for business and social purposes. The rural telephone and 



76 HOW WE ARE GOVERNED IN VIRGINIA 

the rural free delivery have proved to be of immense im- 
portance in promoting the progress of our farm commu- 
nities. 

56. How the Government controls the streets. In cities, 
as we have seen, the streets are the common property of 
all the people and are controlled by the Government for 
the people's benefit. Their chief use is for walking and 
driving. The Government, however, allows the streets to 
be used for many other necessary purposes, although it 
usually takes care that walking and driving shall not be 
seriously interfered with. Sometimes a street is tempora- 
rily closed for repairs or for excavations, and sometimes 
when buildings are being erected or torn down, a street is 
partially obstructed. In all of our cities, however, the 
Government makes regulations to prevent people from 
placing unnecessary obstructions in the streets. When a 
large building is being erected in the business section of 
the city, you may have noticed that the sidewalk is often 
covered over in order that people may pass to and fro in 
safety. 

Frequently the Government itself makes use of the 
streets for the benefit of the people. It places numerous 
mains and pipes beneath the streets for the purpose of 
carrying off the sewerage, as well as for the purpose of 
supplying water and gas to the inhabitants of the city. 
The Government usually owns the sewer system and the 
water works, while some cities also own the gas-plant and 
the power-houses used for lighting the streets by elec- 
tricity. Whenever the Government operates such things 
as these, it makes free use of the streets. 

Private companies are also permitted to use the streets 
for certain purposes of advantage to the people. Electric 
car companies are permitted to lay tracks and string wires. 



PROMOTION OF COMMUNITY PROGRESS 



77 



Telegraph, telephone, and electric lighting companies are 
also allowed to put up poles and wires. In every case, 
however, the Government reserves the right to regulate 
the business of these companies (see pages 70, 75), and 
makes them pay for the use of the streets. (See page 87.) 

The custom of stringing wires on poles along the streets 
is very objectionable. The intricate network of wires in 
the business section of the city is not only dangerous- but 
presents an unsightly appearance. A movement has 
started in some of the cities of Virginia to require all wires 
to be put in conduits under the ground, and considerable 
progress has been made in this direction. The day will 
come, too, when overhead trolley wires will give way to the 
more improved system of placing them underground, al- 
though this latter system is far more expensive. 

You see therefore that the Government endeavors in ; 
many ways to control the streets for the the best interests 
of the people living in the city community. 

57. How the Government improves the appearance of the 
community. In the country districts where people live 
scattered about on farms, whatever is done to beautify the 
community must be attended to largely by individuals. 
The farmer can do much to add to the attractiveness of his 
surroundings. In clearing out ground for cultivation, 
trees should always be left standing along the roads. Vine 
hedges are a great improvement upon bare fences of wire 
or rails. Freshly painted houses and barns, neatly kept 
barn-yards, well ordered lawns in front of the houses, trees 
and flowers — these are a few of the things that help to 
make rural communities more pleasing to the eye and more 
inspiring and attractive to live in. 

The individuals who live in cities are also largely- re- 
sponsible for the attractive appearance of the community 



78 



HOW WE ARE GOVERNED IN VIRGINIA 



(see page 64), but in addition the city Government under- 
takes many things to improve appearances. Cleanliness is 
naturally the first consideration. To this end the Govern- 
ment either requires the individual to pave the sidewalk 
bordering his property or else assists him in paving it. In 
most cities too the Government either macadamizes the 
roadbeds of the principal streets or paves them with stone, 
brick, or asphalt. It provides also a force of men whose 




A Well-Kept Street in Petersburg, Virginia 

Observe, however, «how the appearance of the street is marred by 
the unsightly poles and wires. 

duty it is to keep the streets well swept, and in some cities 
the streets are watered to allay the dust. 

But cleanliness is not all; something must be done to 
add to the beauty of the streets. Our city Governments 
provide for the setting out of trees, which greatly improve 
the appearance of the streets and add to the comfort of 
those who use them during the heated season. Parks are 



PROMOTION OF COMMUNITY PROGRESS 



79 



also provided, with stretches of closely cropped grass, 
beautiful shade trees, beds of flowers, fountains, and well- 
kept paths. The Government frequently assists in erecting 
monuments to commemorate the site of some important 
event of history, or the life of some great hero. In erect- 
ing public buildings, it is the duty of the Government — a 
duty not always observed — to see not only that the build- 
ings are suited to their purpose, but that they are also an 
architectural ornament to the community in which they 
are erected. 

The grounds around school buildings can be made 
attractive at comparatively little expense. Cleanliness and 
beauty can be very easily provided for. You, as school 
children, can do many things to beautify your school build- 
ing and grounds. In most cases you can have flower beds 
in the school yard, and you yourselves can care for the 
flowers. Perhaps you can also plant trees and vines about 
the grounds. Especially, however, can you assist by tak- 
ing care of the school furniture, and by refusing to litter 
the school yard or to place unsightly pictures and writing 
on walls and fences. 

58. Summary. Perhaps you now have a better idea of 
how many things the Government is doing to promote 
community progress. If our community has the progres- 
sive spirit, it cannot fail to be an attractive and inspiring 
place to live in. There are many things which we our- 
selves can do, but there are others that the community as 
a whole must undertake. Each of us can show our interest 
in these things and our appreciation of them. We can do 
much to make our own homes a pride to the community. 
And we can certainly refrain from interfering with the 
community's efforts to keep the roads, the streets, the 
parks, and the schoolhouses clean and beautiful. 



80 HOW WE ARE GOVERNED IN VIRGINIA 

QUESTIONS FOR CLASS DISCUSSION 

1. What are the means afforded by your community for your get- 
ting to and from school? Is your school building attractive? Are 
there flowers and trees in the yard? Are you pupils careful to keep 
your school neat and clean? Can you think of some things that 
could easily be done to make your school more attractive? Can you 
help in any way? 

2. What is the condition of the roads in your community? Are 
there any macadamized roads? Who attends to the repairing of the 
roads ? Do you know of any road that has recently been repaired ? 
How was it done? Are there any toll roads in your county? Who 
owns them? Why was the method of having the farmers work on 
the roads two days in the year given up? 

3. Are there any waterways near your community? Who owns 
them? Is anything being done to improve them? Do you know of 
any river or harbor that has been dredged recently? 

4. Is there a railway in your community? W r ho owns it? How 
does the Government control it? What are the duties of the State 
Corporation Commission ? 

5. Are there any electric lines in your community? Are they 
wholly within your town or city, or do they run into the country? 
Who controls them? If you live in a city, is your electric car ser- 
vice good or poor? Have the suburbs of your city grown since the 
building of electric lines? 

6. How far is your post-office from your home? Are letters de- 
livered to you, or do you call for them ? Who owns the post- 
offices? Why are newspapers and books carried for less than 
letters ? 

7. How far from your home is the nearest express office? The 
nearest telegraph office? Is there a telephone service in your com- 
munity? Does the Government own any of these services? Does it 
control them? 

8. If you live in a city, find out who owns the waterworks. The 
gas-plant. The electric plant or plants. How are water, gas, and 
electricity distributed through the city? 

9. Does your city permit wires to be strung on poles along the 
streets? What objection is there to this? Do the electric car lines 
and the telegraph and telephone companies pay for the use they 



PROMOTION OF COMMUNITY PROGRESS 81 

make of the streets? What use do they make? Whom do they 
pay ? 

10. Are the sidewalks of your city or town paved? Who paved 
them? Are the roadbeds of the streets paved? Who paved them? 
Are there trees along the streets? Who set them out? What are 
the names of your parks? Describe them. Are they well kept? 
Who pays for keeping them up ? 

ii. Why does the Government undertake these things for the 
cities? Who enjoys them? Why are such things not done in the 
country districts? Can you think of anything that could be done 
to improve the appearance of your community? Is there anything 
you could do? 

12. Are there any public buildings in your community Mention 
one that you think is beautiful. One that you think is unsightly. 



CHAPTER VII 

HOW THE GOVERNMENT IS SUPPORTED 

59. What is meant by taxation. In the foregoing chap- 
ters we have seen something of what the Government does 
to assist us in the attainment of certain desires that we 
should be unable to enjoy without assistance. Have you 
stopped to consider that a great deal of money is needed 
for the working out of all these plans ? In a State like Vir- 
ginia there must be many officers to carry on the work of 
the various departments of the Government. To these 
salaries must be paid. There must be many buildings, 
such as courthouses and jails, schoolhouses and libraries, 
city halls, fire houses, and poorhouses. There must be 
money for the improvement of roads, the paving of streets, 
the building of bridges. Where does this money come 
from? It is raised by a system called taxation. 

Most of you have doubtless heard taxes spoken of, but you 
may never have understood just what they are, or why they 
are necessary. Now your attention has been called to the 
fact that the Government undertakes to do for the people of 
a community many things that promote the welfare of the 
community as a' whole. For these things money is needed. 
Perhaps you will appreciate more fully, then, why the rais- 
ing of taxes is a very essential part of life in a community ; 
it is essential to the existance of the Government, and there- 
fore essential to the peace and the happiness of each of us 
living in the community. 

What is a tax? A tax is a sum of money taken from the 

82 



HOW THE GOVERNMENT IS SUPPORTED 83 

individual to be used by the Government for the interest 
of the whole community. Or, as it is sometimes briefly 
put, "a tax is private property taken for a public purpose." 
You must bear in mind that taxing is taking property; for 
although taxes are usually paid in money, we must not for- 
get that money is one form of property. 

Many people have a feeling that the payment of taxes is 
a great hardship. They look upon it almost as oppression. 
They do not see that they are doing anything wrong if they 
avoid paying their taxes whenever it is possible. They 
sometimes even make false statements in order to be re- 
lieved of the burden of taxation. They do not seem to 
realize that the Government gives them something in re- 
turn for the money paid in taxes. It gives them innumer- 
able protections for their life, their liberty, and their prop- 
erty, and innumerable benefits such as good roads, paved 
and lighted streets, and schoolhouses. As a matter of fact, 
we should be just as willing to pay for these things as we 
are to pay for the things that we buy in the shops. Most 
of us get^far more from the Government, in the form of 
benefits and protections provided for us, than we ever 
actually pay for in taxes. 

You will remember also that the Government sometimes 
takes property from the individuals of a community under 
the power of eminent domain, whenever their property is 
needed for the opening of a street or a road, or any other 
public purpose. (See page 40.) But this is very different 
from taking property by taxation. When the Government 
exercises this power of eminent domain, it always pays the 
individual directly in money for the property it takes. In 
the case of taxes, however, the Government pays the indi- 
vidual only indirectly in those general things which it 
undertakes for the common welfare of all. 



84 H0W WE ARE GOVERNED IN VIRGINIA 

60. Taxation in history. It is always true that, next to 
their life and liberty, people dislike more than anything 
else to give up their property. Nothing so quickly in- 
fluences the people of a community against the Govern- 
ment as the feeling that the taxes demanded of them are 
unjust. Two of the greatest questions of all times have 
been: (i) Who shall have the power to impose the taxes? 
(2) How much shall the taxes be? Terrible wars have 
been fought out over these questions. Our own Revolu- 
tionary War arose, you remember, over a dispute in re- 
gard to taxes. Parliament claimed the right to tax the 
colonies. The colonists objected and demanded the right 
to have a voice in the laying of these taxes. The war 
resulted, and we became an independent nation. 

61. The principles of taxation. Ever since the Revolu- 
tionary War it has been settled in the United States that 
the people alone shall have power to tax themselves. This 
does not mean that each person shall have. the power to 
say how much he will or will not pay to the Government. 
Nor does it mean necessarily that all the people must come 
together to determine this question directly. It does mean, 
however, that taxes can be levied only by those whom the 
people themselves choose, and to whom they give the 
power to impose taxes. 

The second principle of taxation is that as nearly as pos- 
sible people shall be taxed according to what they can afford 
to pay. If we look at the benefits which each of us gets 
from the Government, this is perhaps not wholly just. 
The rich man, who pays large taxes, receives no more 
benefit from well-kept streets and parks, and from the 
many things which the Government does to protect the 
health of the community, than does the poor man, who 
pays little or no taxes. On the other hand, if the wealthy 



HOW THE GOVERNMENT IS SUPPORTED 85 

citizen owns large property interests, he does receive a 
great deal of protection from the Government which the 
poor citizen, owning no property, does not need. At any 
rate, this plan of taxing the individuals of a community 
according to their ability to pay is the most just principle 
for the levying of taxes that has yet been discovered. 

The third principle in our system of taxes is that taxes 
must be equally and impartially laid. All people of a cer- 
tain class and all property of a certain class must be taxed 
alike. This means that the Government cannot, for in- 
stance, lay a tax of a certain amount on one man's farm or 
factory and refuse to lay a like tax on a similar farm or 
factory belonging to another man. 

These are perhaps the three most important principles of 
taxation. They form the basis of most of our methods of 
raising money for the support of the Government. 

62. Taxes on property: real estate. In every community 
taxes are levied on a great variety of things, but the chief 
thing taxed is property. The law provides that all the 
owners of property shall pay annually to the Government 
a certain per cent of the value of their property. When 
this property consists of land and houses — or real estate, as 
it is called — it is easy to determine who shall pay the taxes, 
and usually it is easy to fix the amount to be paid. 

The Government appoints certain officers to estimate 
what the value of each piece of property is. This is called 
assessing the property, and these officers are called 
assessors. The taxes are then paid on the property in 
accordance with its assessed value. 

Naturally it is sometimes difficult to fix the value of a 
given piece of property. In order, therefore, that the 
owner may not be unjustly taxed, property is generally 
assessed at somewhat less than its actual value. Suppose 



86 HOW WE ARE GOVERNED IN VIRGINIA 

a farm would bring, if sold, about ten thousand dollars. 
The assessors would probably place its valuation at eight 
thousand dollars. If then the rate of taxation was two per 
cent, the owner would be required to pay the Government 
every year two per cent of eight thousand dollars, or one 
hundred and sixty dollars. This custom of assessing 
property below its real value is pretty general, although the 
law requires that property be assessed in full. 

63. Taxes on personal property. Where the individual's 
property consists of farming implements, cattle, furniture, 
jewelry, books, and even money, it becomes very difficult 
to collect the taxes levied upon it. These things are called 
personal property. You can readily understand that it is 
easy for the owners of such property to deceive the officers 
of the Government by refusing to acknowledge all that they 
possess. Unfortunately people cannot be relied upon to 
tell the truth about these things, and the result is that only 
the honest man, who is willing to tell the whole truth, pays 
the full amount of taxes laid on his personal property. With 
lands and houses it is different, for such things cannot be 
hid. In all countries, however, taxes on personal property 
have proved to be more or less a failure. 

64. Other important forms of taxation. 1. Income taxes. 
Not only does the Government in Virginia tax property 
owned by individuals, it also lays a tax on incomes exceed- 
ing one thousand dollars. Many men receive large salaries 
and have other sources from which they get an income, 
although they do not own property. It is not just that 
these men should be entirely free from taxation. This is 
the reason why the Government places a tax on incomes. 
As in the case of personal property, these taxes are difficult 
to collect. The officers of the Government have to rely 
largely on the individual's willingness to declare exactly 



HOW THE GOVERNMENT IS SUPPORTED 87 

what his income is. In order that men receiving small 
salaries may not be taxed, the law provides that one thous- 
and dollars out of each income shall always be exempt 
from taxation. 

2. License faxes. A tax known as a license is imposed 
by the Government for permission to conduct certain kinds 
of business, as for instance peddling, pawn-broking, and 
saloon-keeping. The object of these licenses is not only to 
get revenue for the Government, but also to regulate the 
business. It is often desirable to prevent too many people 
from undertaking a business which is not helpful to the 
best interests of the community. 

3. Franchise taxes. Certain companies and corporations 
are taxed for privileges which they enjoy. These taxes are 
called franchise taxes. Railroads, for instance, pay such 
taxes for the privilege of operating in the State. The 
street railways, and the telephone and telegraph companies 
pay similar taxes for the use of the streets. 

4. The poll-tax. On every male resident of the State a 
tax not exceeding $1.50 is levied. This is called a poll or 
capitation tax, and no man can vote in Virginia who has 
not paid this tax. (See page 144.) 

5. Special assessments. When streets or alleys are paved, 
and when sewers are laid, it sometimes happens that the 
owners of property bordering along the streets and alleys 
receive more benefit from these improvements than any one 
else in the community. The value of their property is in- 
creased by such improvements, and it seems only just that 
they should be made to pay a part of the expense. The 
Government provides that a special tax shall be levied 
against the owners of such property, and these taxes are 
known as special assessments. The owners cannot, how- 



88 HOW WE ARE GOVERNED IN VIRGINIA 

ever, be taxed beyond the amount by which the value of 
their property is increased because of these improvements. 

65. Property that is not taxed. In every community in 
Virginia certain property is free from taxation. It would 
be absurd for the Government to tax its own property — its 
public buildings, schoolhouses, roads, and streets. This 
would mean only that the Government was paying itself 
taxes. Certain other classes of property also are free from 
taxation. Public libraries, colleges, and other educational 
institutions, church buildings and ministers' residences, the 
property belonging to Young Men's Christian Associations 
and charitable institutions — all of these are free from the 
tax laws. Such property as this is not taxed because, 
although private in its character, it is in reality used for the 
benefit of the whole community. 

66. General and local taxes. Some of these taxes we 
have been discussing are laid upon property and other 
things in all parts of the State. These are imposed by the 
Government of the State for the purpose of carrying on 
those affairs in which the whole State is concerned — that 
is, for the support of the State Government. In addition 
to these general taxes, each community levies taxes for 
community purposes. The counties impose taxes in order 
to meet the expenses of the county Government — to pay 
the salaries of county officers, to build roads, to maintain 
schools. (See chapter XIII.) The cities impose taxes to 
pay the salaries of city officers, and to meet the many other 
expenses of the city Government. (See chapter XIV.) 
Taxes in cities are usually much higher than they are in 
the counties because of the many different things which 
city communities find it necessary to undertake — things 
w T hich benefit no one beyond the city limits. We shall 
understand this difference between State and local taxes 



HOW THE GOVERNMENT IS SUPPORTED 89 

more fully a little later in our study. (See page 97.) The 
important thing for you to remember is that a part of the 
taxes we pay goes to the support of our State Government, 
and another part to the support of our community Govern- 
ment. 

This is only a brief outline of the general system of taxa- 
tion in Virginia. It will serve to show you, however, 
some of the ways by which the Government is enabled to 
get sufficient money to carry on all those operations which 
it undertakes for the benefit of the people. 

QUESTIONS FOR CLASS DISCUSSION 

1. Has any public building been erected in your community re- 
cently ? Try to find out how much it cost. Did the county, city, or 
State pay for the building? Why? Try to find out how the money 
was raised. Explain how this building is used for the benefit of the 
people of your community. 

2. How is money raised for the improvement of roads in your 
county? Try to find out what the tax assessment for roads is. 
Who determines this assessment? 

3. How are the schools supported in your county? Try to find 
out what the school assessment is. Have any new schoolhouses 
been built recently? How much did they cost? Try to find out 
what part of the school expenses are paid by your county authori- 
ties and what part by the State. 

4. In what ways that you can think of do people in your com- 
munity receive benefits from the taxes they pay? Explain why it is 
dishonest to avoid paying taxes. Explain why it is wrong to look 
upon taxes as oppression. 

5. What part did the question of taxation play in the causes of our 
Revolutionary War? What principle of taxation was in conse- 
quence established in America? 

6. In what ways that you can think of does the owner of prop- 
erty get special benefits by paying the large taxes that are assessed 
upon him? 



go HOW WE ARE GOVERNED IN VIRGINIA 

7. What is the difference between real estate and personal prop- 
erty? Do you own any real estate? Any personal property? Ex- 
plain why it is easier to collect taxes on the one than it is on the 
other. 

8. What is meant by assessing property for taxation? Try to find 
out whether property in your community is said to be assessed high 
or low. What does this mean? 

9. What property that you can think of in your community is free 
from taxation? Why is it not taxed? Is your school building 
taxed? Why? 

10. Mention the other forms of taxation in Virginia, and explain 
what is meant by each. 



CHAPTER VIII 

WHAT THE CONSTITUTION IS 

67. The origin of the Constitution. You will all remem- 
ber, no doubt, that during the period of our history before 
the Revolutionary War, each of the thirteen colonies in 
America was under the control of the crown or the Par- 
liament of England. The colony exercised only those 
rights and powers which the English Government per- 
mitted. That Government also determined very largely 
how its laws should be made and appointed the colonial 
Governor. Under this system the colonists actually en- 
joyed a large degree of self-government — that is to say, 
they were permitted to make most of the laws by which 
they were governed and to choose most of their govern- 
mental officers. 

Up to 1775, when the Revolutionary War broke out, 
Virginia was governed in this manner. The war, however, 
freed the colonies from the control of the mother country ; 
and the colonists were forced to provide some other form 
of government. Lord Dunmore, the colonel Governor, 
fled for his life ; the House of Burgesses, the law-making 
body of the colony, dissolved itself; and the old Govern- 
ment passed away. Something had to be done, for the 
people could not exist without any Government. And 
this is what happened. In May, 1776, a convention com- 
posed of two delegates from each county in Virginia met 
at Williamsburg and drew up a document providing for a 
form of government very similar to that which had existed 
during the colonial period. This written document desig- 

91 



92 HOW WE ARE GOVERNED IN VIRGINIA 

nated what officers should be chosen and how they should 
be chosen, what powers these officers should have, and who 
should make and administer the laws. This is what we 
mean by a Constitution. It is a written document framed 
by delegates representing the whole people of the State 
and providing in outline the organization of the Government. 

This Constitution was adopted on the 29th of June, 1776, 
five days before the Declaration of Independence was 
passed. So far as history records, it was the first written 
Constitution of a permanent character ever framed in 
America, or indeed in any country. What did it mean? 
It meant simply this : that the power to determine the 
form of Government in Virginia, which before had be- 
longed to the English crown, now belonged to the people. 
Of course it was impossible for the whole people of the 
State to meet together and draw up this Constitution. So 
a convention representing the people undertook the task. 

68. The history of Virginia's Constitutions. There were 
naturally many defects in this first Constitution, framed in 
such haste at the outbreak of our war for independence. 
It is marvelous indeed that it was strong enough to last 
fifty-four years. Its two chief defects were: (1) Only 
men of considerable property could vote or hold office. As 
Thomas Jefferson ironically remarked, the Government of 
Virginia was in the hands of those who were "distinguished 
by the luxury and ostentation of their establishments." 
(2) The people in the different parts of the State were not 
equally represented in the law-making body — that is, they 
did not enjoy an equal share in their own Government. As 
time went on, these defects became more and more un- 
bearable. 

Soon after the Revolutionary War adventurers began to 
push in large numbers across the Alleghany Mountains 



WHAT THE CONSTITUTION IS 93 

into what is now West Virginia, but was then an unsettled 
wilderness. This movement of population during the early 
years of the nineteenth century was very rapid. By 181 5 
two-fifths of the white population lived beyond the moun- 
tains. They were for the most part poor pioneers. Few 
of them owned enough property to vote. There were few 
large plantations and few slaves. In fact, the whole char- 
acter of these people differed from that of the inhabitants of 
the eastern part of the State. Under the Constitution of 
1776 they had little share in the Government. They were 
allowed to hold almost no offices, and they did not have a 
fair representation in the body which made laws for the 
State. 

For years the people of western Virginia clamored for 
changes in the Constitution. But it was only after a long 
and bitter struggle that a convention finally met at Rich- 
mond in the winter of 1829-30 and drew up a new Consti- 
tution. This second Constitution did not prove very satis- 
factory, however, and in 1850-51 a third Constitution was 
framed by a convention representing the people of the 
State. 

The Constitution of 185 1 lasted throughout the period of 
the War between the States. This war, as you all know, 
wrought great changes in the South. It was during the 
terrible period of reconstruction, in December, 1867, that 
the fourth constitutional convention came together. It did 
not represent the people of Virginia. Its membership was 
composed almost entirely of Northerners and of recently 
freed negroes. The Constitution which they adopted was 
known as the Underwood Constitution, taking its name 
from the president of the convention. It was by no means 
wholly bad, however, and the people of Virginia lived 



94 HOW WE ARE GOVERNED IN VIRGINIA 

under it, with a few changes, for a period of more than 
thirty years. 

69. Our present Constitution. In 1901-02 our fifth and 
last convention met and framed the Constitution under 
which we now live. The chief reforms which the people 
felt it was necessary to make were: (1) a reduction in the 
number of officers in the State, and consequently in the 
expenses of the Government ; and (2) the placing of new 
conditions upon the right to vote. (See page 144.) 

Our present Constitution is a long document, covering 
many printed pages. The convention which framed it sat 
for twelve months fully and carefully considering the great 
work before them. The Constitution provides in detail 
how the Government shall be organized ; it enumerates all 
the chief officers of the Government and outlines their 
powers and duties ; it determines who shall have the right 
to vote and hold the various offices ; and it provides for 
local Governments in the different communities of the 
State. It is the duty of the law-making body to pass such 
laws as may be necessary for carrying out the scheme of 
Government provided for in the Constitution. 

70. The importance of the Constitution. When we were 
discussing how our liberties are protected in the commu- 
nity, (see chapter IV), we learned that we possess certain 
rights which not even the Government can deny to us. 
This is because the powers of the Government are restricted 
by the Constitution. (See page 43.) The Government 
can pass no law and do no act which violates the Consti- 
tution. It is the highest law of the State. It is because 
of this importance that the people of the State will not 
trust the ordinary law-making body to change the Consti- 
tution. Such changes must be submitted to a vote of the 
people. And in case a new Constitution is needed, a 



WHAT THE CONSTITUTION IS 95 

special convention must be called for the purpose of draw- 
ing it up. 

In the chapters which follow we shall see how the 
machinery of the Government is organized under this 
recent Constitution, and how the Government is enabled to 
assist the people of Virginia in so many ways. It will be 
unnecessary, therefore, for us to consider here in detail the 
splendid work of that convention which met in Richmond 
in 1901-02 and determined upon our present form of gov- 
ernment. 

QUESTIONS FOR CLASS DISCUSSION 

1. How were we governed in Virginia during the colonial period? 
Who determined our form of Government? Were we permitted to 
make any of our laws? To choose any of our officers? How did 
the Revolutionary War change our situation? 

2. Who determines our form of Government today? How is this 
done? What is meant by a Constitution? How many Constitu- 
tions have we had in Virginia? How were these Constitutions 
drawn up? 

3. Explain how the Constitution protects our liberties. Against 
whom are they protected? How may the Constitution be changed? 
Why may our law-makers not change it? 

4. When was our present Constitution framed? By whom was it 
framed? Find out, if you can, the names of any of the members of 
the convention of 1901-02. Who represented your county or city? 



CHAPTER IX 

HOW THE GOVERNMENT IS ORGANIZED 

71. What is meant by the departments of Government. 
From the very beginning of constitutional Government 
in America the people have believed that the laws ought 
not to be made, explained, and put into operation by the 
same men or group of men. Whenever so much power is 
given over to one group of men, there is danger that they 
will oppress the people. It is an important principle of 
our Government, therefore, that there shall be one group 
of men to make the laws, another group to put them into 
operation, and a third group to explain or interpret what 
the laws mean. These three groups of officers form the 
three great departments of Government. Those who make 
the laws are known as the Legislative Department. Those 
who see that the laws are carried out, or executed, com- 
pose the Executive Department. And those whose duty it 
is to determine what the law means when it is applied to a 
particular case are the Judicial Department. 

72. The State Government. As you all know, some of 
the duties which the Government undertakes to perform 
concern the people of the State as a whole. Take, for 
instance, laws that provide for the punishment of criminals. 
A crime is just as likely to be committed in one part of the 
State as in another. It is very clear, therefore, that all the 
people are concerned in such laws. This is only a single 
instance among a great many matters in which the people 
of the whole State have a common interest and concern. 

96 



HOW THE GOVERNMENT IS ORGANIZED 97 

You see that it would never do for any particular county 
or city to make laws for itself in regard to matters of so 
great importance. This must be done by the Government 
which represents the people of the whole State. We call 
this the State Government. It is this Government which 
makes most of the laws that we must obey ; and as we have 
seen, it is supported by levying taxes upon the people of 
the whole State. (See page 88.) 

73. Local Government. The city. You can easily think 
of many things undertaken by the Government in city 
communities which do not concern the people of the whole 
State. Take, for example, the laws in regard to keeping 
the streets clean. This is a matter which does not at all 
affect the people in the country districts, or even people of 
any other city. The cities of Virginia have many duties 
to perform which are purely of local interest. They are 
permitted, therefore, to have Governments of their own for 
the management of city affairs, and to make such local 
regulations as may be necessary. 

The county. You probably know of many things also 
that are of chief concern to the county undertaking them. 
The building of roads, for instance, is a matter in which 
the people of each particular county are especially in- 
terested. It is looked upon, therefore, as a matter which 
should be undertaken and controlled largely by the coun- 
ties. The conditions of the rural districts are very differ- 
ent from those of the cities. For this reason the Constitu- 
tion provides for another kind of local Government to be 
established in the counties. 

The town. Still another form of Government is pro- 
vided for towns. Their inhabitants live more closely to- 
gether than do the residents of counties, but towns are not 



98 HOW WE ARE GOVERNED IN VIRGINIA 

so large as cities and do not find it necessary to have such 
complicated governments. (See page 139.) 

We see, therefore, that under the State Government, 
which regulates the affairs of the whole State, there are 
three forms of local Government — the city, the town, and 
the county. To these local Governments, the Constitu- 
tion and the State legislature give certain powers to regu- 
late local affairs ; and as we have seen, they are supported 
by taxes raised for local purposes. Not only the State 
Government but the local Governments also are divided 
into the three great departments — legislative, executive, 
and judicial. Local laws are made, enforced, and inter- 
preted by three separate groups of officers. 

QUESTIONS FOR CLASS DISCUSSION 

1. Which of the three kinds of local Government has your com- 
munity? Mention some of the things undertaken in your commu- 
nity which seem to you to be of local rather than State interest. 
Why are local Governments necessary? Why are there three forms? 
How are they supported? Mention any officers of your community 
that you know of. 

2. Why is the State Government necessary? Who determines the 
powers and duties of the local Governments? Does the progress of 
your community depend more largely upon the State or your local 
Government? Mention any officers of the State Government that 
you know of. 

3. Would the State Government or your local Government be most 
likely to make laws on the following subjects: (a) the paving of 
streets? (b) the building of a schoolhouse? (c) the regulating of a 
poorhouse? (d) riding bicycles on the sidewalks? (e) fire-escapes 
on buildings? (f) the placing of wires underground? (g) the speed 
of street cars? (h) the fencing in of farms and lots? (i) vaccina- 
tion? (j) the sale of liquors? (k) posting bills on trees or posts? 
(1) the repairing of roads? (m) the building of a court-house? 



CHAPTER X 

HOW THE LAWS ARE MADE 

74. The legislature, or law-making body. In Virginia 
the branch of the Government that makes the laws for the 
State is divided into two bodies, or houses, as they are 
called. Every measure proposed in either one of these 
houses must be agreed to by the other before it becomes a 
law. This prevents laws from being hastily made. One 
of these houses is known as the House of Delegates and 
the other as the Senate. Together they constitute the 
legislature of the State and are known as the General 
Assembly of Virginia. 

The Constitution prescribes that the House of Delegates 
shall never consist of less than ninety or more than one 
hundred members, and that the whole number of senators 
shall not exceed forty or be less than thirty-three. The 
House of Delegates is, therefore, much larger than the 
Senate. For the purpose of electing delegates, the entire 
State is divided into house districts. The General Assem- 
bly itself determines what counties and cities shall be 
grouped together to form a district, as well as the number 
of delegates to be elected in each district. As nearly as 
possible each delegate represents the same number of 
people. Populous districts, whether consisting of a single 
large city or county, or of a group of counties and cities, 
are given more than one delegate, but the majority of dis- 
tricts have only one. The members of the House of Dele- 
gates are elected by the voters of their districts once every 
two years, in November. 

99 



IOO HOW WE ARE GOVERNED IN VIRGINIA 

For the purpose of electing senators, the State is also 
divided into senatorial districts; but since the Senate is 
smaller than the lower house, these districts are much 
larger than the house districts, or else they have fewer 
senators than delegates. Each senator serves for a term 
of four years — twice as long as the term of a delegate. 
Provision is made, however, so that half of the whole num- 
ber of senators are elected in November of every second 
year at the same time that delegates are chosen. 

The General Assembly meets in the January following 
the November elections — that is, once in every two years. In 
the past it has sometimes happened that the legislature, 
when it came together, would dally over the making of laws 
for a long period of time without accomplishing very much. 
This was a great expense to the people of the State, since 
our law-makers are paid for their time and services. The 
Constitution now requires that the General Assembly shall 
close its session after sixty days. In case of necessity, 
however, the session may be extended thirty days longer, 
providing three-fifths of the members of each house agree 
to the extension. Moreover, extra sessions may be called 
by the Governor under extraordinary circumstances. 

75. How the General Assembly is organized for business. 
The Constitution gives each house of the General Assembly 
the power to choose its own officers, and to determine the 
rules by which its debates and other affairs must be con- 
ducted. The one exception to this is that the Lieutenant- 
Governor of the State (see page in) must preside over the 
Senate. The presiding officer of the House of Delegates 
is called the Speaker. His position is one of great impor- 
tance and influence, for it is he who chooses the com- 
mittees to report on laws that are proposed. In addition to 



HOW THE LAWS ARE MADE 



IOT 



the presiding officer there are a number of other officers 
and clerks in each house. 

Each member has his own desk, and these desks are 
arranged in rows facing the presiding officer's chair. Visi- 
tors are usually prohibited from coming upon the "floor" 
of either house. Galleries are provided, however, to which 
the public is freely admitted. 




The Hall of the House of Delegates 



76. How a measure becomes a law. Nearly every mem- 
ber who is elected to the General Assembly comes with the 
idea of getting certain measures enacted into laws. Some- 
times the people who elect him express their desire to have 
this or that law passed. Sometimes an individual citizen 



102 HOW WE ARE GOVERNED IN VIRGINIA 

asks a member to present a proposition for a law. Fre- 
quently also the Governor and the other important officers, 
who are thoroughly in touch with the needs of the State, 
desire certain laws enacted. 

Formerly when the business of the Government was less 
complicated than it is today, it was the usual custom for 
any member to propose a measure and have it discussed 
before the house. As time went on, however, and busi- 
ness increased, it became necessary to adopt some other 
method. It was found that the time of the legislature was 
consumed in the discussion of many unimportant propo- 
sitions, w T hile others of vital interest were delayed because 
of the general confusion and the lack of time. The system 
adopted to remedy this evil is known as the committee 
system. Let us see what the committee system means. 

Each member of either house still has the right to intro- 
duce any measure that he sees fit. The measure when in- 
troduced, instead of being taken up at once for debate, is 
referred to an appropriate committee. Provision is made 
for a number of standing committees in each house, and 
each committee has for its consideration measures that 
relate to one particular department of the Government's 
work. In the committee room the proposed measure is 
talked over and worked over. Later the committee 
makes a report to the house, recommending either that 
the measure be passed or that it be voted down. 

When the committee reports a measure, it comes be- 
fore the house in the form of a bill. The house opens 
debate on the bill after it has been printed and read on three 
separate days. The bill may be changed by the house 
in any way, or it may be rejected. The house is largely 
influenced, however, by the report of the committee which 
has made a special investigation of the subject. In case 



HOW THE LAWS ARE MADE 



103 



the bill is passed in one house, it must then be sent to the 
other house where it may be approved or voted down. 
. This is the manner in which every measure proceeds 
through the legislature. The committee system makes it 
possible to handle many propositions in the short term of 
sixty days. It also provides for a careful consideration of 
every proposal. 

77. What the legislature may and may not do. The 
General Assembly may pass any law which it is not for- 
bidden by the Constitution to pass, and which does not con- 
flict with the laws made by the national Government at 
Washington. It is necessary for the Constitution to 
specify only those things which the legislature may not do. 
Chief among the restrictions placed upon the legislature 
are those which secure to the people certain privileges, 
such as the freedom of speech and religion, and the right 
not to have property taken from them by the Government 
without just compensation. (See chapter IV.) 

The legislature is also prohibited from passing what is 
know as "special acts" in regard to a long series of sub- 
jects. This is to prevent the time of the law-makers from 
being taken up in enacting laws for a particular locality, 
or a special individual, and also to secure to every person 
in the State equal rights before the law. 

Aside from these restrictions upon the powers of the 
legislature, the General Assembly may pass any act it 
pleases. It is not necessary for us to examine in detail 
what the nature of these laws is. It is sufficient to say that 
they regulate, among numerous other things, business rela- 
tions, property relations, and the marriage relations of the 
people of the State, and provide for the raising of taxes, 
the educational interests, and the affairs of railways and 
other corporations. 



104 H0W WE ARE GOVERNED IN VIRGINIA 

78. Where the legislature meets. Long ago you learned 
in your study of geography that Richmond is the capital of 
the State of Virginia. This means that the General Assem- 
bly and the principal offices of the State Government are 
located at Richmond. In a handsome park, beautifully 
laid out and containing many splendid statues and monu- 
ments, stands the capitol building in which the legisla- 
ture holds its sessions. (See frontispiece.) The central 
portion of this building was built in 1833. Within its walls 
have been heard some of the most distinguished men that 
have figured in the history of the United States. Here, 
too, the Congress of the Confederacy sat. Because of its 
age and the many historical associations that cluster about 
it, this building has become very dear to the people of Vir- 
ginia. With the growth of the business of the Govern- 
ment, however, it became entirely inadequate, and a few 
years ago it was found necessary to add two large wings to 
the central structure. The original building was preserved, 
and the increased needs of the Government were provided 
for by the additions. 

79. Influences upon our law-makers. When a man has 
been chosen to the legislature as the representative of 
some community of the State, many people suppose that it 
is a very simple matter for him to determine what measures 
will be for the best interests of the people, and for him 
always to vote honestly and intelligently. Perhaps it 
ought to be, but as a matter of fact a great many influences 
are brought to bear upon members of the legislature of 
which most of us know very little. In the first place, a 
member usually desires to be re-elected at the end of his 
term of office. Sometimes the voters who have elected 
him are controlled by a man known as the political boss 
of the community. The member realizes that he must, to 



HOW THE LAWS ARE MADE 105 

some extent at least, act so as to please this boss if he is to 
hope for re-election. 

Then again, when a measure is proposed that is disad- 
vantageous to some large corporation, or to the people 
engaged in a certain kind of business (as for instance the 
liquor business), all sorts of efforts are made to induce the 
law-makers to ignore the interests of the people. Shrewd 
lawyers and other crafty men are sent to Richmond to use 
their influence upon the members of the legislature, and 
to convince them, if possible, that the proposed measure is 
not for the interests of the people. This is called lobbying. 
Many bad laws are made, and many good measures fail to 
be enacted by reason of the influence which these wicked 
lobbyists frequently use. You must not think, however, 
that all lobbying is of this sort. Many good men also go 
before the committees of the legislature and lobby with its 
members to secure the passage of wise laws. 

Again, the law-makers are severely criticised by the 
newspapers, and sometimes this criticism is unjust. It is 
a very difficult matter for a man in public life to please 
everybody and to do only what is right. Our law-makers 
have no easy task. If some of them do not serve the peo- 
ple as they should, we ought to remember that we are 
partly responsible for this. It is the duty of the people in 
every community to choose as their representatives in the 
law-making body of the State the most intelligent and the 
most honorable men that can be induced to serve. And it 
is the duty of the member thus chosen to follow his sound 
judgment on every question before him. He should con- 
sider always only the best interests of the State, regardless 
of his personal ambitions, and in spite of the influences 
which seek at times to turn him aside. 



io6 HOW WE ARE GOVERNED IN VIRGINIA 



QUESTIONS FOR CLASS DISCUSSION 

1. What is the law-making body of the State of Virginia called? 
Into what two bodies is it divided? Does your city or county con- 
stitute a house district by itself? If not, find out what other com- 
munities are grouped with it to form your house district. Find out 
if you can, how many representatives your district has in the House 
of Delegates. Do you know the names of any present representa- 
tives? 

2. If you live in a county, find out what other counties are 
grouped with yours to form your senatorial district. If you live in 
a city, find out if your city constitutes a senatorial district by itself. 
If not, what other communities are grouped with it? Find out, if 
you can, the name of the present senator, or senators, from your 
district. 

3. Who presides over the Senate? Over the House of Delegates? 
Have you ever been to the capitol building at Richmond? If so, 
describe the park. Describe the building. If you have seen the 
chambers in which the houses meet, describe them. (See page 101.) 
Have you ever seen the houses in session? 

4. Suppose you desired to have a certain law passed, how would 
you go about it? Explain in full how such a measure would 
become a law after being introduced into one of the houses by some 
member. What is meant by the committee system? 

5. W r hat is meant by a political boss? What is meant by lobbying? 
Explain how the bosses and lobbyists hinder and corrupt the law- 
makers. How can the people of any community prevent this? 

6. When does the next General Assembly meet? How long will 
it probably sit? Might it sit longer? Why is the length of the 
sessions of the General Assembly limited by the Constitution? 



CHAPTER XI 

HOW THE LAWS ARE PUT INTO OPERATION 

80. The chief executive officers. After the laws have 
been passed by the legislature, it is necessary that there 
should be officers to see that these laws are carried out. 
The enforcement of both State and local laws is intrusted 
very largely to local officers chosen in the various commu- 
nities of the State. Take, for example, the assessment and 
collection of the taxes imposed by the General Assembly; 
these matters are attended to by county and city officers. 
It is the city police or the county constables who arrest 
offenders who violate the laws of the State that protect life 
and property. In the actual enforcement of the laws, the 
individual in any community usually comes in contact with 
county and city officers rather than State officers. In 
addition to these, however, there are certain officers at 
Richmond whose duty it is to see that the various acts of 
the General Assembly are properly executed. 

Chief among the State officers is the Governor. We 
look upon him as the head of the executive department of 
the Government — that is, the department which puts the 
laws into operation. (See page 96.) But the Governor is 
not the only executive officer of the State. Certain duties 
and powers are assigned to other officers. Among the 
most important of these are the Lieutenant-Governor, the 
Secretary of the Commonwealth, the Attorney General, the 
State Treasurer, the State Auditor, the State Superintend- 
ent of Public Instruction, and numerous commissions and 

107 



io8 



HOW WE ARE GOVERNED IN VIRGINIA 



boards. Let us see how these various officers are chosen 
and what their duties and powers are. 

81. The Governor. We in Virginia have had a Governor 
ever since the colony was first established. During the 
colonial period the position of Governor was one of great 
dignity and importance, but many of the colonial Governors 
were hated by the colonists. They were appointed by the 




. A Section of Capitol Square, Richmond, Virginia 
Showing the west entrance of the Capitol Building, in which most of the 
State executive offices are located. The Governor's mansion 
is seen dimly in the background. 

crown in England, and frequently they opposed the colo- 
nists and sought to govern them with an iron hand. 

After our independence was won, the Governor of Vir- 
ginia was for many years chosen by the General Assembly ; 
but the people were afraid to give him any great amount 
of power. They did not stop to think that there is a great 
difference between a Governor chosen by their own repre- 



HOW THE LAWS ARE EXECUTED 



109 



sentatives in the legislature and a Governor named by a 
king more than three thousand miles away. His position, 
however, continued to be one of social importance. Even 
today the Governor of Virginia is spoken of as "His 
Excellency," while the President of the United States is 
only "Mr. President." Since 1851 the Governor has been 
elected directly by the people. His position today is not 
only one of great dignity, but of great influence in the 
affairs of the State Government. 

82. Powers and duties of the Governor. The Gover- 
nor's powers and duties are outlined in the Constitution of 
the State. From time to time also the legislature lays 
duties upon him in connection with the work of carrying 
out the laws. The Constitution says that he "shall take 
care that the laws be faithfully executed." This does not 
mean that he is to superintend every policeman or other 
minor officer whose duty it is to execute the laws. It 
means simply that he shall stand ready to use the forces 
at his command in order that the laws shall be properly 
observed throughout the State. The Governor's powers 
and duties are various. Perhaps it may be well for us to 
classify them. 

1. The Governor's power over legislation. By reason of 
his position at the head of the Government, the Governor 
is usually more or less in touch with the needs of the State, 
and with matters which ought to be brought to the atten- 
tion of the General Assembly. He is required, therefore, 
to send a message to the legislature when it assembles. 
In this message he recommends certain measures which 
he thinks ought to be made laws. During the session 
of the General Assembly he is usually in constant 
communication with the law-makers and gives them his 
advice upon measures and bills that come up for con- 



HO HOW WE ARE GOVERNED IN VIRGINIA 

sideration. He is empowered also, in case he deems it 
necessary, to call at any time an extra session of the Gen- 
eral Assembly. Before any bill that has passed both 
houses of the legislature can become a law, it must be 
signed by the Governor. If he does not approve the 
bill, he may refuse to sign it — or, as this is generally called, 
he may veto it — and return it to the legislature with his 
objections to the measure. In case the Governor vetoes a 
bill, it cannot become a law unless it is again passed in 
both houses of the legislature by a majority vote of two- 
thirds. You see, therefore, that the Governor possesses a 
great deal of power and influence over the making of our 
laws. 

2. The Governor's power to supervise other officers. It is 
the duty of the Governor to keep himself informed as to 
how the other officers of the State are performing their 
duties. He may require any information of them, or he 
may at any time inspect their books. When the General 
Assembly is not in session (and you remember that the 
legislature usually convenes only for sixty days every two 
years), he has the power to suspend any officer of the State, 
except the Lieutenant-Governor, for misbehavior or be- 
cause he is not properly performing his duty. He is re- 
quired to report the whole circumstances of the suspen- 
sion to the next General Assembly. 

3. The Governor's power over the militia. In the various 
communities of the State, volunteer militia companies are 
formed, and citizens residing in these communities, usually 
the young men, become members of these companies. 
These constitute together what is known as the militia of 
the State. Ordinarily they have no active duties to per- 
form. Sometimes, however, when a riot breaks out, or a 
mob arises, or a strike becomes threatening, it is the 



HOW THE LAWS ARE EXECUTED m 

duty of the Governor to call out the militia and send them 
in haste to the scene of the disorder. (See page 2J.) By 
the Constitution he is made commander-in-chief of the 
military forces of the State. 

Jf. The Governor's pardoning power. Sometimes persons 
are convicted of crime against the laws of the State and are 
sentenced to punishment. For one reason or another it 
may be brought to the Governor's attention that a person 
so convicted ought not to be punished to the full extent of 
his sentence. The Governor has the power to pardon, to 
shorten the sentence, or to remit the fine of any one con- 
victed of violating the law. He does this only in ex- 
ceptional cases ; he does not allow those who ought to be 
punished to play upon his sympathies. But when onc£ a 
case has been finally decided in the courts (see page 117), it 
is impossible for the courts to take it up again; and it is 
very necessary and proper that some one should have the 
power to pardon. 

From what has been said you can see that the Governor 
has large powers and many important duties to perform. 
He must be a man of great force and great ability. Xot 
only this, but the Constitution requires that he shall be a 
citizen of the United States, thirty years old, and that he 
shall have resided in Virginia for five years preceding his 
election. He is elected by the people for a term of four 
years. At the same time that he is elected, another officer 
called the Lieutenant-Governor is chosen, who, in case the 
Governor dies or for any reason is unable to perform his 
duties, takes the place of the Governor. 

83. The duties of the other executive officers. 1. The 
Secretary of the Commonwealth's duty is to assist the Gov- 
ernor in various ways and to keep a record of his acts. He 
is chosen by the people of the State at the same time and 



H2 HOW WE ARE GOVERNED IN VIRGINIA 

for the same term as the Governor. Certain other duties 
are laid upon him by law, but it is unnecessary for our pur- 
poses to inquire into them. 2. The Attorney General is 
elected by the people at the same time and for the same 
term as the Governor. He is the chief law-officer of the 
State. It is his duty to give his opinion to the other officers 
on questions of law, and in case the State of Virginia sues 
or is sued he represents the State before the courts. 3. The 
State Treasurer is also chosen by the people. He has the 
power to pay out from the treasury of the State such 
money as he may be properly authorized to pay. Jf.. The 
State Auditor, who is chosen not by the people but by the 
General Assembly, receives the money collected by the tax 
collectors in the various communities of the State and 
deposits it in the State treasury. He has many other im- 
portant duties connected with the collection of taxes and 
has charge of all claims made against the State. It is the 
Auditor, therefore, who, in most cases, issues the orders 
upon which the Treasurer makes payments. There is also 
a Second Auditor who has many duties to perform in con- 
nection with the financial matters of the State. 5. The 
Commissioner of Agriculture and Immigration is elected by 
the people at the same time and for the same term as the 
Governor. He is assisted and directed by a Board of 
Agriculture and Immigration, the members of which are 
appointed by the Governor. It is his duty to gather in- 
formation in regard to the climate, soil, crops, and minerals 
of the State, and to give this information to farmers and 
others desiring it. He encourages and assists the farmer 
and cattle-raiser, and he endeavors to show to people out- 
side the State the advantages of settling in Virginia. 

84. How the public school system is organized. The 
chief executive officer of the public school system in Vir- 



HOW THE LAWS ARE EXECUTED 113 

ginia is the Superintendent of Public Instruction. He is 
elected by the people at the same time and for the same 
term as the Governor. His duties are so numerous and 
varied that it would be impossible to describe them briefly, 
He exercises a general supervision over the entire public 
school system of the State and seeks in every way to en- 
courage the improvement of schools and to awaken interest 
in public education. He exerts his influence with the 
legislature to secure appropriations for the schools and to 
have wise laws enacted in the interest of the public school 
system. 

The Superintendent is assisted and directed by the 
State Board of Education. This Board consists of the 
Superintendent of Public Instruction (who is its president), 
the Governor, the Attorney General, three members chosen 
from the faculties of the State institutions of higher learn- 
ing (see page 58), and one county and one city superin- 
tendent of schools. The Board possesses large powers 
over the educational system of the State, having "authority 
to make all needful rules and regulations for the manage- 
ment and conduct of the schools." 

The Superintendent of Public Instruction is also assisted 
in many ways by the State Board of Examiners. This board 
consists of five men appointed by the Board of Education. 
For the work of this board the entire State is divided into 
five circuits, one of which is assigned to each examiner. It 
is the duty of the examiners to examine and issue licenses 
to those who desire to teach in the public schools. They 
also travel about in their circuits holding teachers' insti- 
tutes and forming citizens' leagues for the purpose of 
arousing interest in, and advancing the cause of, public 
education. 

The State Superintendent, the State Board of Educa- 



114 HOW WE ARE GOVERNED IN VIRGINIA 

tion, and the Board of Examiners are the principal State 
executive officers of the school system. In addition to 
these, there are in each community of the State local 
officers whose duty it is to supervise and provide for the 
schools. Let us see how the local school authorities are 
organized. 

In each community there is a local superintendent called 
the division superintendent. His appointment is made by 
the State Board of Education and approved by a vote of 
the Senate. He has the power to supervise and regulate, 
in accordance with the rules laid down by the Board of 
Education, all the schools in his division. Usually his 
division consists of a single county or city ; but sometimes 
two counties or a county and a city are placed under one 
division superintendent. 

Each county of the State is divided into a number of 
school districts. The division superintendent, the com- 
monwealth's attorney (see page 129), and one resident of 
the county appointed by the judge of the circuit court (see 
page 118) choose the school trustees for each district. This 
district board of trustees appoints teachers for the district 
and otherwise looks after the interests of the schools. The 
whole number of district trustees in any one county con- 
stitute the county school board, whose duty it is to assist and 
direct the division superintendent. 

The members of the city school board are elected either 
by the people or by the city council (see page 138) and have 
powers similar to those of the county school board. 

You see, therefore, that Virginia has provided an 
elaborate system of officers for the regulation of matters 
relating to the public schools. A part of the money for 
the support of the schools is annually appropriated by the 
General Assembly and distributed by the State Department 



HOW THE LAWS ARE EXECUTED 115 

of Public Instruction. A substantial sum is also realized 
from the interest on the Literary Fund. (See page 51.) 
But a much larger part must be raised by local taxation. 
In many communities also the schools are assisted by 
endowments and subscriptions made by private individuals. 
Indeed the efficiency of the schools in any community is 
dependent largely upon the willingness of the people of 
that community to pay for the improvement of the schools. 

QUESTIONS FOR CLASS DISCUSSION 

1. If the General Assembly lays a tax upon certain property 
throughout the State, what officers in your community would put this 
law into execution? If a man commits a crime in your community, 
is he arrested by a local or a State officer? Has he violated a local 
or a State law? 

2. Who is the present Governor of Virginia? How and when was 
he chosen? How much longer has he to serve? Do you know any- 
thing about his life? What qualifications as to age, citizenship, and 
residence must he possess? 

3. What is meant by the Governor's message? Why does the law 
require him to send a message? What is meant by his veto? How 
may it be overcome? 

4. What control does the Governor have over the other executive 
officers? What is his position in the militia? What is meant by 
his pardoning power? If he should die in office, who would suc- 
ceed him? What duty has the Lieutenant-Governor? (Seepage 100.) 

5. Mention some of the other executive officers at Richmond. 
Tell how each of them is chosen and what you know of their re- 
spective duties. 

6. Describe how the public school system of the State is organ- 
ized. Who is the present Superintendent of Public Instruction? 
When and how was he chosen? 

7. Who is the Superintendent of Schools in your county or city? 
How is he chosen? What are his duties? What is the county or city 
school board? Do you know any of its members in your com- 
munity? Who appoints teachers in your community? 



CHAPTER XII 

HOW THE LAWS ARE EXPLAINED AND 
APPLIED 

85. The necessity for courts of law. We have already 
seen how the laws in Virginia are framed and passed by the 
General Assembly. We have seen, too, that there is a 
group of officers, with the Governor at their head, whose 
duty it is to put these laws into execution. These legis- 
lative and executive departments of the Government, how- 
ever, are not sufficient completely to carry out the plan of 
the Government. 

You can easily understand how people will sometimes 
differ in opinion as to what the law really means, and how 
laws may sometimes conflict with one another. Moreover, 
it is often very difficult to find out the truth about a matter 
to which the law is supposed to apply. For instance, a 
dispute may arise as to which of two parties owns a piece 
of property ; each party may claim that he has the right to 
it under the law. Similar disputes might arise over a debt, 
or over an agreement or contract between two parties. 
These disputes may be very complicated, involving many 
points to be considered. 

Suppose a man is accused of some offense against the 
laws of the State, as for instance, robbery or murder. 
Whatever punishment is to be inflicted upon him will de- 
pend on two things. First, it will depend on the facts of 
the. case, involving the question of whether he really com- 
mitted the crime, and if so, whether it was partially or 

116 



HOW THE LAWS ARE APPLIED 117 

wholly justifiable. Second, it will depend on what par- 
ticular law in regard to punishment will apply to the cir- 
cumstances under which the crime was committed. 

Now it must be very clear to you that every time an 
attempt is made to apply the law to a particular case, many 
questions must arise in regard to the facts of the case and 
the meaning of the law which is applied to these facts. 
There must, therefore, be a judicial department of the gov- 
ernment, whose duty it is to explain the laws and apply 
them in particular instances. This part of the Govern- 
ment's work is accomplished by means of the courts. 

86. How the courts protect us. It is the courts that con- 
stitute our strongest protection against injustice. If any 
individual of the community feels that an injury has been 
done him by another member of the community contrary 
to the law, he applies to the courts to determine the matter. 
If he feels that the officers of the government are over- 
stepping their authority and are trampling upon his rights 
and liberties, he goes to the courts with his grievance. If 
a bad member of the community commits a crime, it is the 
courts that examine into the facts and circumstances of the 
case and determine what his punishment shall be in accord- 
ance with the law. Few people pass through life without 
on some occasion finding it necessary to seek the assistance 
or the protection of the courts. 

87. The system of courts in Virginia. As we have just 
seen, the courts of law are the real protectors of our rights 
and liberties. Because of this, it is a fundamental principle 
of justice among the English-speaking people that there 
must be in every community at least one court for the set- 
tlement of these perplexing questions of fact and law. 
That is to say, every man must have this protection within 
his reach. 



Il8 HOW WE ARE GOVERNED IN VIRGINIA 

The system of courts in Virginia by which this is accom- 
plished is somewhat complicated. There are a number of 
different kinds of courts, each with certain limits to the 
powers that it may exercise. It is unnecessary for us to 
examine in detail the powers, or jurisdiction, as it is 
usually called, of these various courts. It will be sufficient 
for us to get a general idea of the judicial system of the 
State. There are in the main four classes of courts : 

1. The Justice's or Police Court. In every county in 
Virginia there are a number of justices of the peace (see 
page 129), whose duty it is to hold courts for the trial of 
petty offenses against the laws of the State and the county. 
In the cities, likewise, there is a similar court usually called 
the police court. These justice's courts constitute the most 
numerous branch of courts in the State. It must be re- 
membered, however, that they have authority to try only 
such petty offenses as are punishable by small fines or 
short terms of imprisonment in jail. They can also deter- 
mine disputes in regard to property and debts where only 
small amounts are involved. In many instances even after 
a case has been decided in these lowest courts of the State, 
the law provides that it may be carried to the next higher 
court, and there be reviewed. 

2. The Circuit Court. Next above the justice's courts 
are a number of courts known as circuit courts. In all 
there are thirty such courts in Virginia. For this purpose 
the whole State is divided into thirty . judicial circuits. 
Each circuit consists of a number of counties or a county 
and a city. The court of any circuit is held, as the occasion 
may demand, in this or that county or city of the circuit ; 
and from the fact that it moves from place to place it 
takes its name, the "circuit" court. It is this court which 
has the authority to hear by far the larger number 



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120 HOW WE ARE GOVERNED IN VIRGINIA 

of cases that arise. In cases arising out of disputes over 
property, debts, and the like, the law provides that they 
must involve a certain amount of money in order for them 
to be brought before the circuit court. If a person is 
arrested for an offense against the law, he can be tried in 
the circuit court only when the offense is so serious that it 
may be punished by imprisonment in the penitentiary of 
the State. Thus small cases and trials for petty offenses 
are left to the justice's courts. 

3. The City Courts. In addition to the circuit court, 
every city of ten thousand inhabitants may have an addi- 
tional court known as the corporation court. Those cities 
of the State with as many -as. thirty thousand inhabitants 
have a number of different courts, each with the power or 
jurisdiction to try cases of a certain kind prescribed by law. 
It is natural that many more cases should arise in large 
cities than in the counties ; and the result is that whenever 
cities have grown to any size the Government recognizes 
the necessity for providing a special and elaborate system 
of city courts. 

4. The Supreme Court of Appeals. At the top of the 
system of courts provided for Virginia, stapds the Supreme 
Court of Appeals. This court has the. power to hear cases 
which may have been tried in the circuit courts and the 
various city courts, and which may be carried, in accord- 
ance with the law., to the highest court of the State for a 
last hearing. 

88. The judges and other officers. The justice's courts 
are presided over by justices of the peace, elected by the 
people of the district in which they serve. All the other 
courts in the State, however, are presided over by judges. 
For each circuit court and for each city court there is one 



HOW THE LAWS ARE APPLIED 1 21 

judge chosen by the General Assembly for a term of eight- 
years. The Supreme Court of Appeals consists of five 
judges chosen by the General Assembly for a term of 
twelve years each. It is provided that the judges in all of 
these courts shall be men trained in the law, either by hav- 
ing previously held a judicial position, or by having- prac- 
ticed law for a period of at least five years. It is provided 
also that their salaries shall not be increased or diminished 
during their term of office. This is in order to prevent the 
General Assembly from gaining any control over the 
honesty and impartiality of the judges of the State, by re- 
fusing to continue their salaries. 

You may be surprised to learn that the judges. of our courts hold 
office for periods of eight and twelve years while the Governor and 
other officers of the State are elected for only four years. There 
is a very vital reason for this. One of the principles which lie at 
the bottom of our judicial system is that every man, no matter 
how poor and obscure, shall be equal to any other man when he 
appears before the courts. If our judges were subjected to the 
control of political parties by reason of frequent elections, their 
decisions might sometimes be influenced by their desire for re- 
appointment. The object, therefore, of choosing the judges for 
long terms is that they may' be separated from any control of poli- 
tics, and that they may feel free to interpret the law with abso- 
lute impartiality. 

89. How the law proceeds. You may perhaps wonder 
how one individual proceeds when he feels that it is neces- 
sary for him to call on the courts for assistance in main- 
taining his rights against some other individual. If he 
ascertains that the law is probably in favor of his claim, he 
usually places the matter in the hands of a lawyer, who 
brings it before the proper court at the proper time, and 
in accordance with the regulations prescribed for such pro- 
ceedings. The other party concerned generally employs a 



122 HOW WE ARE GOVERNED IN VIRGINIA 

lawyer to represent him; and the matter is fought out be- 
tween these lawyers in the presence of the court. The 
facts are all heard, the law is interpreted and applied, and 
a decision is rendered. Such a case as this is called a 
civil suit. You must understand that in such a suit no 
person is on trial. 

In case an individual is arrested and accused of some 
crime, he usually employs, or else the Government gives 
him, a lawyer to represent his cause before the court. 
Opposed to this lawyer is an officer known as the common- 
ivealth's attorney, who is himself a lawyer representing the 
community. It is his duty to bring out before the court 
all the facts that will help to show the guilt of the prisoner. 
You see, therefore, that we again have two lawyers strug- 
gling with each other in the presence of the court on oppo- 
site sides of the question to be decided. Such a case as 
this, in which a person is being tried for a crime of which 
he is accused, is called a criminal case. In any criminal 
case the Government itself, represented by the common- 
wealth's attorney, is one of the parties concerned. A man 
who has committed a crime has really committed an injury 
against the whole people of the community, and the Gov- 
ernment must punish him if his guilt can be proved. 

90. Trial by jury. You remember that in the beginning 
of our study we discussed the various operations of the 
Government which aim to protect the 'individual in his life 
and liberty. (See pages 21, 44.) And we mentioned the fact 
that when any member of a community is accused of crime, 
the Government must grant him certain rights in regard to 
his trial. Among these we spoke of his right to a trial by 
jury. What does this mean? It means simply that the 
individual who is called upon to defend his rights or him- 
self in court has in all important cases the right to have a 



HOW THE LAWS ARE APPLIED 123 

decision on the facts of his case rendered by a group of men 
chosen from among his fellow-citizens. This group usually 
consists of twelve men and is known as a jury. Trial 
by jury arose out of the notion that a man's fellow-citizens 
would be more apt to give him justice than would an officer 
of the Government. Hence, while it is the judge of the 
court who explains and interprets the law for the jury, it is 
the jury that decides upon the facts of the case and renders 
the verdict. 

The right of trial by jury is one of our most sacred 
rights. We should cherish it and uphold it in every way 
possible. It is true that jury service is sometimes incon- 
venient; it may seriously interfere with a man's business. 
For this reason, many men seek to evade the law which re- 
quires them to serve on juries when they are called upon. 
These very men may some day find themselves at the mercy 
of a jury; they would then be eager for competent and in- 
telligent jurors. We should look upon jury service as a 
duty that we owe to our community and to our fellowmen. 
We should not let it be said that in our community juries 
are frequently composed of men of no employment and of 
little ability. 

91. The grand jury. In many important cases the law 
provides that before a person can be tried for an offense 
which he is supposed to have committed, he shall be 
indicted by a grand jury. This means that the evidence of 
his guilt shall be presented to a group of men consisting 
regularly of not less than nine nor more than twelve, al- 
though a "special" grand jury numbers only from six to 
nine persons. If this grand jury finds the evidence suffi- 
cient, the accused person is formally charged with the 
crime, or indicated, as it is called, and is held for trial. If 
the evidence is found to be insufficient, he is dismissed. 



124 H0W WE ARE GOVERNED IN VIRGINIA 



QUESTIONS FOR CLASS DISCUSSION 

i. Suppose a dispute arises between two persons over a debt, how 
is it usually settled? Suppose a man is arrested for stealing, who 
determines his punishment? Why are the courts necessary? How 
do they protect us from injustice? 

2. Have you ever been in a court room? If so, describe it. Do 
you know the names of any justice of the peace in your neighbor- 
hood (or police justice) ? Where is his court held? If a man is 
arrested for fighting in your community, before what court would 
he be taken? 

3. If you live in a city, try to find out how many courts there 
are in your city and what they are called. If you live in a county, 
find out where the circuit court sits. Why is it called a circuit 
court? 

4. Describe the system of courts in Virginia. Why are the judges 
appointed for long terms? Why may not the legislature increase or 
diminish their salaries? 

5. What is the highest court in Virginia? How many judges sit 
in it? How are they appointed and for what term? 

6. Explain how in every case, whether civil or criminal, there 
are lawyers on each side of the question. What is the duty of the 
commonwealth's attorney? Find out, if you can, who is the com- 
monwealth's attorney in your community. 

7. Explain what is meant by jury trial. Why is it a duty to serve 
on juries? How are we protected by the right of trial by jury? 



CHAPTER XIII 

HOW THE COUNTIES ARE GOVERNED 

92. What the county is. Many of us cannot remember 
the first time that we ever heard of counties. In our 
geographies we learned that Virginia is divided into one 
hundred distinct counties, each with its own name, and 
every one of us lives in some one of these counties. What 
do we mean, then, when we speak of a county? As we 
have seen (see page 97), certain matters of interest to the- 
people can best be attended to by the different local com- 
munities. And although counties did not originate for 
local purposes, this is the reason why they exist to-day. 

County Government dates back to a very early period in 
the history of England, in fact to a period when there was 
no king at all over the whole of England. When the set- 
tlers came over to America and established the colony of 
Virginia, they simply transplanted to Virginia the county 
form of local Government to which they had been accus- 
tomed in England. With some changes in its form, the 
county still exists among us for purposes of local Govern- 
ment. Before we take up the study of our present county 
Government, let us see why it was that the colonists 
adopted this kind of Government in preference to any other. 

93. How the geography of Virginia affected our Govern- 
ment. You will doubtless recall that most of those who 
came over to Virginia at the time when the colony was in 
its infancy were attracted by the profits they hoped to make 
out of the cultivation of tobacco. Many of them obtained 

125 



I2 6 HOW WE ARE GOVERNED IN VIRGINIA 

large grants of land from the crown. When they reached 
the colony, they found that its shores, as you have often 
noticed, were indented by many navigable streams. The 
result was that each of these landowners, or planters, as 
they were called, was able to establish his plantation upon 
a large tract of land bordering on some stream. There he 
cultivated tobacco on a large scale and shipped it to Eng- 





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The Court-House of Charlotte County, Virginia 

This is one of our oldest county court-houses. Both Patrick Henry and 

John Randolph have been heard within its walls 



land. The vessels of the time, unlike modern vessels, did 
not require very deep water for navigation. They sailed 
up the stream and landed at the planter's private wharf, 
bringing him all sorts of manufactured articles from the 
mother country. In exchange for these he loaded the 
vessel with tobacco for sale in England. 



HOW THE COUNTIES ARE GOVERNED 127 

You see, therefore, that Virginia was early split up into 
large plantations, and that the people lived far apart from 
one another. Now this fact had an important influence 
upon the kind of Government that developed in Virginia. 
You will perhaps understand this better if we turn for a 
moment to see what kind of Government developed among 
the New England settlers. 

The people who settled New England came over to this 
country largely that they might enjoy religious freedom. 
They came, therefore, in congregations or groups rather 
than as individual adventurers. The climate and the geo- 
graphy of New England, unlike Virginia, did not permit 
them to separate and settle on large estates. They built 
their homes close around the church and schoolhouse. 
Under such circumstances it was natural for them to adopt 
a popular or democratic form of Government. All the in- 
habitants of each community met together and decided 
what their laws should be, and who should be their officers. 
This form of local Government still prevails in New Eng- 
land, and in a somewhat different form it has been adopted 
in the West. It is known as township Government, and the 
assembly of the people is called the town meeting. 

Now it must be very evident to you that, with the peo- 
ple scattered widely apart as they were in Virginia, it would 
have been impossible for such a form of Government to 
have arisen. How could the people of a large county 
come together for the purpose of making laws? Instead 
of the township Government, the county form of Govern- 
ment was adopted in Virginia. A county covered a large 
area, including many plantations; and the people, instead 
of voting directly, chose representatives to determine all 
matters of local interest. Let us see how the county is 
at present organized for the purposes of local Government. 



128 HOW WE ARE GOVERNED IN VIRGINIA 

94. What powers the county may exercise. It is impor- 
tant for you to bear in mind that the county may do only 
those things which the Constitution and the legislature of 
the State permit. Ordinarily the county attends to such 
matters as the building of roads and bridges,the assessment 
and collection of taxes, the care of the poor, the preserva- 
tion of the peace by arresting those who violate the laws, 
the quarantining of contagious diseases, and the building of 
schoolhouses, the court-house, and other county buildings. 
These are not all of the duties which fall to the county 
Governments, but they are among the most important. 
Nor are all these things attended to wholly by the counties. 
For instance, the State Government assists the counties in 
the building of roads (see page 68), and it both assists and 
controls* the counties materially in educational matters. 

95. The county board of supervisors. Each county is 
divided into a number of districts known as magisterial 
districts. Once every four years, in November, the voting 
people in the district elect a supervisor of the district. 
The supervisors of the several magisterial districts of the 
county constitute together what is known as the county 
hoard of supervisors. The law gives to this board the 
power to make such rules and regulations as may be neces- 
sary for the county. It provides for the building and re- 
pairing of the roads and bridges, levies taxes for school 
and other purposes, borrows money, and builds the court- 
house, jail, and the poorhouse. Indeed this board has 
general control and direction of the affairs of the county. 
The board must meet at least twice a year, and may come 
together oftener if necessary. 

96. The county officers. In addition to the board of 
supervisors, which may be called the legislative body of the 
county, there are a number of other officers elected by the 



HOW THE COUNTIES ARE GOVERNED 129 

people for a term of four years, and one, the county clerk, 
for a term of eight years. Let us see what these officers 
are. 

1. The treasurer of the county, as his name implies, is the 
officer who receives all the money due the county, and who 
pays out such amounts of it as he may be empowered by 
law to pay. All the taxes that are collected in the county 
are turned over to him, and he in turn sends such por- 
tion of these taxes as may be State taxes to the State Treas- 
urer at Richmond. 2. The sheriff is the officer who has 
charge of the county jail, and whose duty it is to assist in 
preserving the peace by arresting criminals. He attends 
the circuit court when it meets in his county and carries 
out the orders of the court. He is the most important 
executive officer of the county, having many other duties 
laid upon him by law. 3. The commonwealth's attorney is 
the law-officer of the county, whose duty it is to prosecute 
criminals tried before the circuit court. (See page 118.) 
He also assists the board of supervisors and the other 
county officers in the performance of their duties by giving 
them his opinion on questions of the law. k. The county 
cleric is the officer whose duty it is to keep the records of 
the county. It is by means of these records kept by the 
clerk that owners of land in the county establish their 
claims to property. (See page 38.) The clerk also issues 
marriage licenses, and keeps a record of the marriages, 
births, and deaths in the county. 5. The justices of the 
peace, as we have already seen (see page 118), ai*e the officers 
who hold the lowest courts in the State. As their name 
indicates, it is their duty to assist in the preservation of 
peace. Three justices are elected in each magisterial dis- 
trict. 6. The constable's chief duty is to arrest persons 
accused of violating the laws and otherwise to assist in 



13° 



HOW WE ARE GOVERNED IN VIRGINIA 



preserving order. At least one constable is elected in each 
magisterial district. 7. The commissioner of revenue for 
each magisterial district is the officer whose duty it is to 
make out the lists of personal property for taxation and 
to collect the taxes. There are also in every county a 
surveyor, a superintendent of the poor, one or more coroners, 
land assessors, and other minor officers, whose duties are 
prescribed by law. These assist in various ways in carry- 
ing out the scheme of county Government. 

97. The importance of county history. There is scarcely 
a county in Virginia that has not produced its great men. 
Some of these men are only of local reputation ; in many 
cases they have played important roles in the history of 
Virginia and the nation. Moreover, many counties have 
been the scenes of famous battles and other important inci- 
dents of our history. It ought to be our pride to know of 
these things. We should be eager to learn something of 
the history of our county and the share it has had in the 
history of the State. We should cherish the names of our 
great men and perpetuate their memory. Would it not be 
well if the public schools in every community were named 
after the great men of the locality ? 

QUESTIONS FOR CLASS DISCUSSION 

To the Teacher. The teacher of rural schools should, if possible, 
elaborate the outline of county government contained in this chapter, 
seeking especially to localize the pupil's interest in the government 
of his own county. The following meager questions will naturally 
arouse more interest and discussion among county pupils than 
among city pupils. The exact opposite may be said of the following 
chapter. 

I. In what county do you live? Describe its situation in the 
State. Try to find out something about its history : when was 
it settled, when did it become a county, how did it receive its name? 



HOW THE COUNTIES ARE GOVERNED 131 

2. Explain how geographical conditions in Virginia gave rise to 
the county form of local Government. What is meant by town- 
ship Government? Where did it flourish and why? Why did it 
not develop in Virginia : 

3. What are some of the powers which your county Government 
exercises? How is the county board of supervisors formed? 
What are its powers? What magisterial district do you live in? 
Find out who your district supervisor is. When was he elected? 
How long has he yet to serve? How often must the board meet? 

4. Find out, if you can, who is the present treasurer of your 
county. The sheriff; commonwealth's attorney; clerk. How many 
justices of the peace are there in your district? Constables? Com- 
missioners of revenue? How are these various officers chosen? 
What is their term of office? Which one serves for eight years? 

5. What great men has your community produced? Which of 
them were of local, which of State, which of national reputation? 
What do you know of their lives ? Are their names commemorated 
in any way in your community? Can you think of some simple 
ways by which they might be commemorated? 

6. What important incidents of history have taken place in your 
community? Are these incidents commemorated? How? 



CHAPTER XIV 

HOW THE CITIES ARE GOVERNED 

98. The growth of cities in Virginia. Sometimes you 
have perhaps wondered why no very large city has de- 
veloped in Virginia. In other parts of the United States 
cities have in some cases grown to enormous proportions 
in a comparatively short time. In 1830, Chicago was 
almost a wilderness, while Richmond had a population of 
16,060. To-day, the population of Chicago is approaching 
two millions, while that of Richmond is only in the neigh- 
borhood of one hundred thousand. How can we account 
for this slow development of cities in Virginia and the rest 
of the South? 

We have already noted the fact that Virginia was settled 
in large plantations and that society was divided into three 
classes with the slaves at the bottom. (See page 52.) 
Under the direction of the white population these slaves 
made good farm laborers. They were not trained, however, 
for labor of a higher character; and while slavery existed, 
no large number of them could have been taught to run the 
complicated machinery used in manufacturing. As you 
know, people in cities do not expect to earn their living by 
farming. They support themselves by manufacturing and 
trading. It was impossible for the people of Virginia to 
establish large cities because the slaves could not profitably 
be employed in manufacturing industries. You see, there- 
fore, how it was that slavery prevented the development of 
manufactures in the South and the consequent growth of 

132 



HOW THE CITIES ARE GOVERNED 133 

cities. Since the emancipation of the slaves, cities in Vir- 
ginia, as well as in the rest of the South, have begun to 
grow more rapidly than formerly. But the whole South 
has been retarded in this development by reason of the ter- 
rible destruction that resulted from the War between the 
States. Moreover, it takes time to change a considerable 
portion of the population from agricultural to manufactur- 
ing pursuits. 

In recent years cities have been developing very rapidly 
in Virginia. The population of Richmond increased 33 
per cent between 1880 and 1900, that of Norfolk 112 per 
cent. Newport News in 1890 had a population of 4,449; 
in 1900 it had increased to 19,635. The population of the 
city of Roanoke has perhaps increased more rapidly in the 
last ten years than that of any other city in the State. 

99. City problems. In the earlier part of our study we 
noticed that city Governments undertake many things for 
the. people of city communities that are unnecessary in 
rural communities. It is hardly needful to explain why 
this should be the case. Where so many people live close 
to one another, they are forced to use the same streets, the 
same trolley cars, the same facilities for lighting their 
houses and getting water, as well as many other things in 
common. The Government must provide for the main- 
tenance of these things for the common welfare of all. 

As a result of these conditions, it has been found neces- 
sary to provide for the cities a different form of Govern- 
ment from that which is given to the counties. City Gov- 
ernments must be so organized that the cities can provide 
in many ways for the health, the welfare, and the happiness 
of their inhabitants. Streets must be laid out, paved, and 
kept clean. Parks must be provided, in order that the city 
may be beautified, and that its inhabitants may have con- 



I3 4 HOW WE ARE GOVERNED IN VIRGINIA 

venient places for recreation. The police force must be 
maintained for the protection of life and property and for 
the enforcement of the laws. The streets must be lighted, 
water must be provided, fire departments maintained, a 



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Congested Traffic in a City Street 

This street is so crowded with wagons and trucks that traffic is frequently 

blocked. Observe the obstructions placed along the sidewalks. 

system of sewerage installed ; schoolhouses, city halls, 
court-houses, jails, and poorhouses must be built. These 
and many other things the city must undertake. And as 
you may imagine, all these undertakings call for a compli- 



HOW THE CITIES ARE GOVERNED 135 

cated system of government and many officers. Let us see 
in a general way how the cities of Virginia are governed. 

100. What is meant by the city charter. Before the 
adoption of our present Constitution, the legislature was 
accustomed to grant to every city of the State a special 
charter. Each of these charters was a document providing 
in detail how the city Government should be organized, 
how the city laws should be made, the names and duties of 
its officers, and the powers which the city might exercise. 
Under these charters the form of Government in one city 
was in many respects quite different from that in another 
city, since the charters granted by the legislature were not 
always identical. By the terms of the Constitution of 1902, 
the legislature is restricted in its power to issue special 
charters to cities. The laws which the legislature now 
makes for cities must usually be general laws — that is, they 
must apply to all cities alike. Charters may still be 
granted ; but because of these general laws, they must be 
similar in form. Existing cities, however, were permitted 
to retain their old charters in so far as they did not conflict 
with the Constitution itself. 

The Constitution provides somewhat in detail for the 
organization and Government of cities. In the first place, 
it provides that no community shall become a city which 
has not at least five thousand inhabitants. In the working 
out of the plan of the city Government, as you will notice, 
there is an organization which corresponds very closely to 
the organization of the State Government which we have 
been studying. There is a law-making body, a group of 
executive officers, and in some cases special city courts. 

101. How the city laws are made. City laws are known 
as ordinances. They are passed by the law-making body of 
the city under the powers granted by the Constitution and 



136 HOW WE ARE GOVERNED IN VIRGINIA 

the legislature. They relate, of course, only to the local 
affairs of the city. (See page 97.) Just as the law-making 
body of the State consists of two houses, so the law-making 
body of the city, or city council, as it is called, is divided 
into two houses. The lower and larger of these houses is 
known as the common council. The upper house is usually 
called the hoard of aldermen. For the purpose of electing 
these councilmen and aldermen, the city is divided into 
wards having as nearly as possible an equal number of in- 
habitants. The inhabitants of each ward are entitled to 
elect a certain number of councilmen and a fewer number 
of aldermen. In cities of less than ten thousand inhabi- 
tants, the passing of ordinances is not so important a mat- 
ter as it is in larger cities. The Constitution, therefore, 
provides that such cities may have a law-making body con- 
sisting of only one chamber. 

In order that a resolution may become an ordinance of 
the city, it must go through a process very similar to that 
of a resolution offered* in the General Assembly. (See 
page 102.) It is frequently referred to an appropriate com- 
mittee, and it must in every case pass both the lower and 
upper branch of the council. It is then sent to the 
mayor for his signature. If the mayor vetoes the resolu- 
tion, it cannot become an ordinance except by a majority 
vote of two-thirds of the members of both chambers. 

One of the most important duties that fall to the city 
council is the determining of what local taxes are to be 
raised for the purpose of carrying on the many operations 
of the city Government. And after this money has come 
into the city treasury, it is the duty of the council to appor- 
tion it among the various departments of the Government. 
There are many other important duties which these cityx 
law-makers are called upon to exercise. 



HOW THE CITIES ARE GOVERNED 



137 



Councilmen and aldermen are not paid for their services 
, to the city. They are supposed to be public-spirited men 
who are willing to give a portion of their time to the man- 
agement of the city's affairs. Unfortunately they are not 
always either public-spirited or honest. Shrewd and un- 
principled politicians have sometimes been elected to city 
councils ; they have used their positions for their own profit 
without regard to the city's interests. You can under- 
stand, therefore, how important it is for the voting people 
of every city to inform themselves in regard to those men 
who become candidates for the city council. It is the duty 
also of the best, men of the community, the men who have 
made a success of life by honest means, the high-minded 
and well-informed men, to be willing to give a portion of 
their time, whenever it is possible, to assist in the Govern- 
ment of the city. 

102. The mayor and other executive officers of the city. 
The position of the mayor in the city corresponds some- 
what to that of the Governor in the State. He is the chief 
executive officer of the city and has many important duties 
and powers. As we have just seen, he has the power to 
veto all the ordinances passed by the city council. In 
addition to this, it is his duty to see that the other officers 
of the city and the departments of the city Government, 
like the fire department and the police department, attend 
properly to the duties laid upon them by law. And like 
the Governor (see page no), he has the power to examine 
the books and records of the other city officers. In case 
he finds an officer negligent in his duty, he suspends 
him from office. You see, therefore, that the office of 
mayor in our cities is a most important one. It should be 
filled only by a high-minded, upright, and well qualified 
man. 



138 



HOW WE ARE GOVERNED IN VIRGINIA 



The mayor is elected by the voters of the city for a term 
of four years. In most cities the people elect for the same 
term as the mayor a city treasurer, commonwealth's attorney, 
a tax collector, and city sergeant. In addition to these 




The City Hall, Richmond, Virginia 
One of the handsomest Government buildings in the South. 

officers elected by the people, the city council chooses other 
executive officers, such as the chief of the fire department, 
the chief of the police department, and the city engineer. 
The council usually chooses also the* members of cer- 



HOW THE CITIES ARE GOVERNED 



139 



tain boards and commissions which direct the work of 
various departments of the city Government. Prominent 
among these are the school board, the police commission, 
and the fire commission. It is not necessary for us to 
examine in detail the duties of these various officers 
and boards. It is sufficient for us to know that each of 
them fills a very necessary place in the working out of the 
city Government. 

You must bear in mind that every city in Virginia that 
existed before the adoption of our present Constitution has 
a special charter outlining its form of Government. These 
charters vary; all cities therefore do not have exactly the 
same officers, nor do they exercise exactly the same powers. 

103. Difference between cities and towns. Since cities 
are usually larger than towns, it is natural that they should 
have a more complicated form of Government. Towns are 
those communities in Virginia which have less than five 
thousand inhabitants, and which, at the same time, have 
been granted a distinct local Government. Of course 
every city and town is situated in some county. Over the 
cities the county has no control. The county board of 
supervisors cannot make regulations for any city within 
the county, nor do the county officers have any power 
within the city. Towns are permitted to have a simple 
form of Government for their local needs and to raise taxes 
for local purposes. They have a town council, a town 
mayor, and other executive officers. But they are also 
controlled by the county to some extent. "When county 
taxes are levied, for instance, these taxes are collected in 
the towns as well as in the rural districts. This is the 
most important distinction between towns and small cities ; 
towns are subjected to some control by the county, while 
cities are not. 



I 4 o HOW WE ARE GOVERNED IN VIRGINIA 

QUESTIONS FOR CLASS DISCUSSION 

1. Try to find out the population of your city, or of the nearest 
city to you. Is its population said to be increasing? Can you see 
any evidences of the increase, such as the building of new resi- 
dences or business houses? What natural advantages has your 
city? What attracts people to it? 

2. Mention some of the things that city Governments provide that 
are not undertaken by county Governments. Why does this differ- 
ence exist? Explain, then, why the city Government differs in 
form from that of the county. 

3. Explain what is meant by a city charter. When were special 
charters granted to Virginia cities? Can the legislature grant a 
special charter today? What is meant by "general" city laws? 

4. How does a resolution become an ordinance? 

5. How is the city council organized? Find out, if you can, how 
many councilmen and aldermen there are in your city (or the 
nearest city to you). How many are chosen from each ward? 
How are they chosen? When are they next chosen? How long 
do they serve? How many wards has your city? 

6. Find out who appoints firemen, policemen, street-cleaners in 
your city. 

7. Mention all the officers of the city that you know, and find out 
how each is appointed. How are all the chief officers chosen? 

8. WHat should be the qualifications of a councilman or alderman? 
What is the duty of the people in selecting these officers? What 
compensation does a good councilman get for his services? 

9. If you live in a town, tell some of the things that your town 
Government undertakes. What officers does it have? How many 
members are there in the town council? What is the chief differ- 
ence between towns and small cities? 

10. Mention the names of all the present officers of your city or 
town that you can think of. 



CHAPTER XV 

WHO TAKES PART IN THE GOVERNMENT 

104. Why the people of Virginia do not make laws 
directly. The simplest and most direct method of organiz- 
ing the Government of a community is that in which the 
whole population of the community meets to make laws 
and choose officers. This form of Government is illus- 
trated in the" New England town meeting (see page 127) and 
is called democratic — a word which means Government by 
the people. Surely it is not difficult for you to see, how- 
ever, that where county Government exists, as it does in 
Virginia, it is impossible for the whole people to come 
together in a single meeting to determine what their laws 
shall be. So also in the populous cities such a form of 
government would be impossible, for no hall could be 
found large enough to hold the whole population of the 
city ; and if everybody in the city were allowed freely to 
express his own ideas upon each question that arose, cer- 
tainly little would be accomplished. If such a form of 
Government is not practicable in counties and cities, it is 
all the more impossible when it comes to making laws for 
the whole State. Imagine the difficulty of attempting to 
assemble all the people of the State of Virginia in one place 
to make laws ! 

105. What we mean by representative Government. The 
people in Virginia, as in the other States of the Union, have 
solved the difficulty by what we call representative govern- 
ment. Instead of making laws directly themselves, the 

141 



T42 



HOW WE ARE GOVERNED IN VTRGTNTA 



people choose representatives to do this for them. That is 
why there is in each county a group of representatives 
known as the board of supervisors : and in each city, a city 
council; and for the State as a whole, a General Assembly, 
Each of these representative bodies has the Dower to make 
regulations for the people. * Not only do the peopie choose 
their law-makers in this way, but, as we have seen, they 
also designate what officers are to execute these laws and 
what officers are. to interpret them. This they accomphsn 
either by direct election, as in the case of the Governor 
and many other officers, or by giving their representatives 
the power to choose other officers, as in the. case of the 
judges. (See page 121.) 

106. Why all of us do not share in the Government. Now 
the question arises : does every person in each community 
of Virginia have an equal share in choosing these repre- 
sentatives ? In other words, does everybody in Virginia 
have the right to vote? For a great many reasons this is 
not the case ; and some of them you can easily understand. 
It would not be expected, for instance, that the children of 
any community should have a share in selecting the 
officers of the Government. Nor are the women in Vir- 
ginia permitted to vote at elections, although some of the 
States of the Union give them this right. Again, foreign- 
ers who have not yet become citizens of the United States, 
and citizens of other States, who may happen to be tem- 
porarily in Virginia at. the time of an election, are not per- 
mitted to vote. But these are not the only classes ex- 
cluded from a share in the Government. 

It is a very unfortunate fact that there are grown men 
in Virginia who cannot read and write. This is a condi- 
tion of affairs which we are rapidly overcoming by means 
of the efficient system of public education which is now 



WHO TAKES PART IN THE GOVERNMENT 



143 



provided for the children of Virginia. Sometimes these 
illiterate people have only themselves to blame for their 
ignorance ; and sometimes they have been pitifully unfor- 
tunate. But in any case the more intelligent people have 
thought that a man who cannot even read and write, and 
who must, in consequence, be intensely ignorant of every- 
thing that is going on in the world, is not fit to help in 
choosing officers for the conduct of the Government. The 
Constitution lays down certain qualifications that a man 
must have before he can be allowed to vote. Let us see 
what these qualifications are. 

107. Qualifications for those who vote. Perhaps it will be 
well for us to classify the several qualifications which a man 
must possess in order to vote at elections in Virginia. 
1. Age, sex, and citizenship. First of all, a person desiring 
to vote must be a man who is a citizen of the United States 
(that is, one w T ho owes no allegiance to any foreign Govern- 
ment), and who has reached the age of twenty-one years. 
2 Residence. It is required also that he shall have resided 
in Virginia for two years, and in the particular county, 
town, or city in which he offers to vote, for one year. For 
voting purposes the communities are divided into wards 
and precincts ; and the law provides that a man offering to 
vote shall have resided in his precinct for at least thirty 
days. 3. Registration. Suppose a man who is not known 
in a particular community presents himself on the morning 
of an election and desires to cast his vote. It might be 
very difficult for the officers who have the election in charge 
to find out whether he really possesses the qualifications 
necessary for a voter. The Constitution therefore provides 
that the voting places, or polls as they are called, shall be 
opened for registration on certain days prior to the election. 
During this period, any person desiring to vote at the 



144 H0W WE ARE GOVERNED IN VIRGINIA 

election must present himself, prove his qualifications, and 
have his name properly enrolled upon the registration 
books. On the election day only those are permitted to vote 
whose names are to be found in these books. 4. The poll- 
tax. Every male resident of the State over twenty-one 
years of age is required to pay, under the present law, a 
yearly poll tax of $1.50. No man can vote at any election 
who has not paid all the poll taxes assessed against him for 
three years previous to the election, but old soldiers are 
excepted from this provision. 5. Education. When a 
man presents himself for registration, he is required to make 
his application in his own handwriting. This qualification 
is laid down in order that votes shall be cast only by those 
men who have sufficient education to enable them at least 
to write. 

These qualifications for voters were laid down in the Constitution 
of 1902, and their terms are strictly enforced. Previous to this 
time the qualifications were less rigid, and the officers were some- 
what lax in enforcing them. The result of this change has been 
that the number of voting people in the State has been greatly re- 
duced in the last few years. While this is in some respects unfor- 
tunate, yet it has decided advantages. In the first place, it makes 
the vote of the people a much more intelligent one, because the 
privilege is granted only to those . who have these elementary 
qualifications. In the second place, it gives those who at 
present do not possess the necessary qualifications something to strive 
for. In one way or another, you see, a man must show that he is 
sincerely interested in the Government before he is permitted to 
vote. These qualifications help to shut out the vote of that class of 
people who never think about the affairs of the Government until 
the morning of election, and then go to the polls without any idea 
of how they ought to vote. 

108. Places of election. As we have already seen, every 
county is divided into magisterial districts and every city- 



WHO TAKES PART IN THE GOVERNMENT 145 

into wards. Usually these districts or wards are also 
divided into precincts. In each precinct there is one place 
at which votes may be cast at any election. These voting 
places are usually advertised so that every voter may know 
where he must go to register and later to cast his vote. In 
charge of these places are certain officers of election 
appointed in accordance with the law. These officers first 
examine the books and determine whether a person desir- 
ing to vote is properly registered. If his registration 
proves to be satisfactory, they then permit him to cast his 
vote. 

109. How the votes are cast. In the early days of our 
history it was the custom, when voters went to the polls, 
to read them the names of the candidates for office and to 
ask them which candidate they desired to vote for. There- 
upon the voter would call the name of the candidate of his 
choice. Under such a system everybody knew how every- 
body else voted. The result was that men could not always 
vote with independence, because of what other people 
might think of them. They might be made to suffer in 
some way for voting as they thought best. 

Today, however, we have a wholly different system. It 
is usually impossible for anybody to know how anybody 
else votes. When a person goes to the polls, he is given a 
slip of paper called a ballot with the names of the different 
candidates printed on it. He then retires, usually to a 
booth where no one else is permitted, and with a pencil he 
draws a line through the names of those for whom he does 
not desire to vote. He folds his ballot and sees that it 
is deposited in a sealed ballot box. None of these ballots 
are examined until the election is closed. You see, there- 
fore, that it is impossible for one voter to tell how any 
other voter has cast his ballot. 



146 HOW WE ARE GOVERNED IN VIRGINIA 

The election usually lasts for one day, from sunrise to sunset. 
At its close the ballot boxes are opened and the ballots counted. 
The count, or return as it is called, is then sent to the county board 
or city board appointed for that purpose, and these boards add up 
the returns from the various voting precincts. In case the election 
is for State officers, these local boards send their returns to the 
Board of State Canvassers, who add the returns for the whole State 
and announce the result of the election. 

110. Our duty toward the Government. There was a 
time in the early nistory of our country when every man of 
intelligence and culture looked upon it as a duty and a 
privilege to take some active part in the Government. 
Nearly all the truly great men were politicians. Govern- 
ment and politics was the field in which any ambitious 
young man sought to make a name for himself. Today 
the attitude which most men assume toward politics is 
quite different. Many noble men think it beneath them 
"to dabble in politics." In consequence, they sometimes 
permit the affairs of the Government to be directed by low 
political bosses and shrewd schemers who have only their 
own interests at heart. Nothing can be more hurtful to 
any community than this attitude which many good men 
assume. Of course, today it is impossible for every man 
to enter politics. It is not even desirable. But every man 
should be interested in all the undertakings of the Govern- 
ment, and this means that he should be interested in 
politics. 

He should keep himself, through the newspapers at least, 
thoroughly in touch with what is going on. He should 
try to learn which of two men desiring a particular office is 
the more honest and the more capable. He should lend 
his influence in private conversation, and if need be in 
public, to keep bad men out of office. In every way possi- 
ble he should further the best interests of his community 



WHO TAKES PART IN THE GOVERNMENT 147 

through the Government. Not only this, but the best men 
of the community should not hold themselves aloof from 
the service of the Government. You may perhaps think 
that there are usually plenty of men desiring office. As a 
matter of fact, this is true ; but frequently none of them are 
the right sort of men for public office, and it is sometimes 
difficult to get better men to see that it is their duty to 
serve. The great hope of any State is that its more intelli- 
gent-men will be wide awake to every movement which 
concerns the welfare of their community and State, and 
that whenever it is possible they will use their influence 
and give their services to the cause of good Government. 
We should all feel that the Government is a part of us. 
It undertakes to do for us many things which we cannot do 
for ourselves — that is to say, the whole people of any com- 
munity, acting together through the Government, under- 
takes to do these things. If, then, the good people and the 
intelligent people of the community refuse to take part in 
the Government, how can we hope that the best interests of 
the whole community will be served? 

QUESTIONS FOR CLASS DISCUSSION 

1. What do we mean by democratic Government? Would it be 
possible in your community for the people to make their laws 
directly? How are the laws made? Who makes the laws for the 
whole State? What kind of Government do we call this? Why? 

2. Explain how a man shares in the Government by voting. Why 
do not children have this right? Women? Foreigners? Citizens 
of other States? Insane people? 

3. Why does the Constitution require that a voter shall be able to 
write? Should an illiterate man be trusted to hold office? To 
choose officers? Why? 

4. Mention all the qualifications for voters in Virginia. Take 
each of these qualifications separately, and tell whether you think it 
is necessary or unnecessary, and why. 



148 HOW WE ARE GOVERNED IN VIRGINIA 

5. Find out, if you can, how many precincts there are in your 
district or ward. In what precinct do you live? Find out where 
the voting place of your precinct was located at the last election. 

6. Explain the old method of voting. Explain how the votes are 
cast today. What was accomplished by the change from the old 
method? What is the ballot? The ballot box? 

7. What is meant by registration? Why is it necessary? 

8. Explain how it is the duty of every man to be interested in 
politics. To whom does the Government belong? Explain how the 
Government is a part of us. What is our duty toward it? How 
will we suffer if we fail in this duty? 



CHAPTER XVI 

HOW POLITICAL PARTIES CONTROL THE 
GOVERNMENT OF VIRGINIA 

111. What political parties are. All of you have doubt- 
less heard of political parties — the Democratic Party and 
the Republican Party, for instance. What do we mean by 
political parties, and how did they come to be formed? 
Political parties have existed in the L^nited States almost 
from the beginning of our history as a nation. In Presi- 
dent Washington's administration the people of the country 
began to divide into two great classes according as they 
believed that the national Government should exercise wide 
powers under the newly adopted Constitution, or that it 
should exercise only those powers that were expressly 
granted to it. These classes were known as political par- 
ties and were called at first Federalists and Anti-federalists. 
From that day to this, political parties have existed in the 
L"nited States. New parties have arisen and died; old par- 
ties have changed their names, . or retaining their names, 
have changed their policies ; but on questions of politics, 
the people have always been divided into parties. 

Indeed, wherever the people share in the Government of 
a country, parties will surely spring up. Those people who 
believe that the Government should do this or that thing 
must act together; and those who oppose them must also 
act together. In this acting together parties originate. 

We sometimes hear a man of one party vigorously de- 
nounce the other party ; and sometimes, too, we hear men 

M9 



150 HOW WE ARE GOVERNED IN VIRGINIA 

regret that there are any parties at all. But parties are 
invaluable aids to good Government. They watch each 
other closely. If a party in control of the Government 
fails to make wise laws, or to choose good officers, the 
other party will surely find it out, and perhaps at the next 
election will succeed in defeating the party in power. 
Parties help to keep alive our active interest in the affairs 
of Government and exert a controlling influence over the 
action of our law-makers and officers. 

112. How parties are organized. If a party is well organ- 
ized, it can more easily and more successfully get its can- 
didates into office. This organization is accomplished by 
means of committees. In every party there is a State com- 
mittee having general control over the affairs of the party, 
and in addition there are local committees in the different 
counties and cities of the State. These committees arrange 
for political meetings and for addresses to be delivered by 
party leaders and candidates for office. They stir up gen- 
eral interest in the election and in the affairs of the Govern- 
ment, and seek to draw out as large a vote for their own 
party as possible. They also determine many important 
questions in regard to the method of choosing candidates. 
You must not think, however, that these party committees 
are a part of the Government. Political parties are merely 
organizations of the people for the purpose of controlling 
the Government ; they are not a part of the Government. 

113. Party conventions and primary elections. Suppose 
that one political party in the State has many more voters 
than another party; and suppose that in the larger party 
there are many candidates seeking, for instance, the office 
of Governor, while in the smaller party there is only one 
candidate. The larger party would probably divide its 
vote among the various candidates. You can readily see 



POLITICAL PARTIES IN VIRGINIA 



151 



that this might cause the candidate of the smaller party, 
receiving the whole of his party vote, to be elected. Thus 
in the table below, candidate D would be elected over A, 
B, and C, although his party cast only half as many votes 
as the other. 



Larger 
Party 


Vote for 

Candidate 

A 

30,000 


Vote for 
Candidate 

B 

40,000 


Vote for 
Candidate 

c 

50,000 


Total 
Vote 

120,000 


Smaller 
Party 


Vote for 

Candidate 

D 

60,000 




Total 
Vote 

60,000 



In order that the party vote may not be wasted in this 
manner, it is usually necessary to choose the party candi- 
dates for office before the election comes up. If one party 
is small as compared with the other, it accomplishes this by 
means of a party convention. If the election is for State 
officers, this convention is called by the State party com- 
mittee and is composed of delegates from the various com- 
munities of the State. 

When the party is large, however, candidates are usually 
chosen by means of primary elections. A primary election 
is an election held by the party for the purpose of nomi- 
nating the candidates for office which the party desires to 
support at the general election which follows. You must 
bear in mind that a primary election is not really an election 
at all. It is only a nomination by the party. For instance, 
a certain man may be elected at the primary as the Demo- 
cratic candidate for Governor. This means only that the 
members of the Democratic Partv will vote for him in the 



152 HOW WE ARE GOVERNED IN VIRGINIA 

general election held a few months later, when he must 
stand against the Republican, the Prohibitionist, and per- 
haps other party candidates. 

In any party primary the voters of the other party are 
not supposed to take part. Moreover, no one can vote 
unless he is qualified to vote at the next general election. 
(See page 143.) 

114. Local nominations. In local elections — that is, 
county, town, and city elections — the local party committee 
usually decides whether candidates shall be chosen by a 
local convention or at a primary election. A man becomes 
a candidate for the party nomination by announcing his 
intention to the committee, and by paying a fee to assist in 
defraying the expenses of the primary. 

QUESTIONS FOR CLASS DISCUSSION 

1. Try to find out which political party is the stronger in your 
community. Are most of your county or city officers Democrats 
or Republicans? Were they nominated for office at a primary? 
Were they nominated by a convention? If not, why not? 

2. To what political party do the present Governor and the 
other State officers belong? How were these officers nominated? 
Explain why the primary election was necessary for their nomina- 
tion. Explain, then, what you mean by a primary election. 

3. Who may vote at a primary election? Is the primary really 
an election at all? 

4. How do political parties help to create good Government? 
Are they a part of the Government? 

5. Explain how political parties are organized. Why is it neces- 
sary for them to organize ? What powers and duties have the party 
committees? Find out, if you can, what party committees there are 
in your community. 

6. Explain why it is necessary for parties to choose candidates 
before the election. What would be the probable result if they did 
not do so? 



PART II 

HOW WE ARE GOVERNED 

IN THE NATION 



HOW WE ARE GOVERNED 
IN THE NATION 



CHAPTER XVII 

HOW THE NATIONAL GOVERNMENT 
PROTECTS AND ASSISTS US 

115. The necessity for the national Government. We 

have already noted the many things which the Government 
of Virginia does for the benefit of those who live within 
the limits of the State. Similar protection and assistance 
are provided for their inhabitants by the Governments of 
all the other States of the Union. But these States, as we 
all know, are only parts of one great nation. In addition 
to the State Governments, there is over our whole country 
a powerful national Government with its segt at Wash- 
ington. 

After the Revolutionary War was fought and our inde- 
pendence was won, there were many reasons which 
prompted the people of the new States to unite and estab- 
lish a national Government. They had so many interests 
in common, and there were so many things that couLd be 
best attended to by a Government representing the people 
of all the States. Moreover, in spite of the fact that the 
people were separated into thirteen States, they were in 
many respects one people. Most of their ancestors were 
English. They spoke the English language. They had 

155 



156 HOW WE ARE GOVERNED IN THE NATION 

similar laws, similar Governments, and similar ideas about 
the rights and liberties that people living in a community 
ought to enjoy. 

In the next chapter we shall see how the Union came to 
be established and how our national Constitution was 
framed and adopted. This Constitution declares what 
powers our national Government shall exercise and in what 
ways it shall provide for the. protection and welfare of the 
people of the entire nation. Our State indeed provides in 
many ways for our safety and happiness, but our national 
Government also undertakes many important things for 
us — things which are of interest to the people in all parts 
of our great country and which could not be satisfactorily 
provided by the separate States. Let us note some of the 
more important things that are placed under national con- 
trol. 

116. How the national Government controls foreign 
affairs. We have seen that when people live in a com- 
munity conflicts often arise in the exercise of their rights 
and desires. Now in many respects nations associate with 
one another just as people do ; and, like people, they are 
apt to have disagreements. The United States is today 
one of the leading powers of the world. American citizens 
are constantly traveling in foreign countries ; they carry on 
enormous commerce with the citizens of other nations ; 
American vessels sail upon every sea. With all this asso- 
ciation between the people of the United States and the 
people of other countries, we should be continually getting 
into serious difficulties if some means were not provided 
for the peaceful regulation of affairs between nations. Our 
affairs with foreign countries are controlled entirely by our 
national Government. Let us see how our foreign affairs 
are carried on. 



POWERS OF THE NATIONAL GOVERNMENT 157 

1. The making of treaties. The Government of the 
United States makes agreements on a great variety of sub- 
jects with the Governments of other nations. These agree- 
ments are usually known as treaties. In many ways they 
regulate the conduct of nations and their citizens toward 
one another. The United States has more than three hun- 
dred such treaties in force to-day. 

When it seems advisable to make a treaty with any for- 
eign power, the President usually chooses some person 
especially fitted to represent the United States, and in- 
structs him in regard to the proposed treaty. This repre- 
sentative confers with a similar representative appointed 
by the other Government. When the treaty has been 
drawn up in accordance with the President's instructions, 
it must be sent to the Senate and must be approved by a 
two-thirds vote of that body. The Senate may change 
the treaty or reject it entirely. The power to make 
treaties, therefore, is placed in the hands of the President 
and the Senate. Many difficulties between the United 
States and foreign nations are avoided by means of these 
treaties. They help to preserve peace and to strengthen 
our friendship with foreign Governments. 

2. Diplomatic representatives. It has long been the cus- 
tom for each civilized nation to keep at the capital of 
every other nation a permanent representative known as a 
diplomatic representative. These representatives are 
called ambassadors or ministers, according to their rank. 
The United States sends ambassadors to ten of the more 
important nations of the world and ministers to nearly all 
other countries. At Washington, representatives are like- 
wise received from these countries. Through these diplo- 
matic representatives nations communicate one with the 
other. If, for example, the United States Government de- 



158 HOW WE ARE GOVERNED IN THE NATION 

sires to communicate with the Government of Germany, 
the message is sent through our ambassador at Berlin. 
Diplomatic agents help to keep the relations between 
nations peaceful ; for they are always at hand to assist in 
the speedy and friendly settlement of any disagreement 
that arises. Frequently, too, they are instructed by the 
President to assist in drawing up new treaties. Our am- 
bassadors and ministers are appointed by the President 
with the approval of the Senate. 

3. The making of war. In spite of these means provided 
for keeping peace between nations, disagreements some- 
times arise which cannot be settled peacefully, and appeal 
must be made to arms. In the United States, Congress 
alone has the power to declare war against a foreign 
nation. The making of war is a matter of great impor- 
tance to the people of all the States ; it would never do to 
let each State have the pow T er to declare war whenever it 
chose to do so. Since the Revolutionary War the United 
States has declared war on only two important occasions — 
in 1812, against Great Britain, and in 1898, against Spain. 
The Mexican War of 1848 was begun by Mexico. 

J±. Foreign Commerce. You can easily understand the 
troubles that would arise if each State of the Union could 
admit or restrict foreign commerce as it pleased. States 
would vie with one another to secure the largest amount of 
foreign trade. Each State would make its own agree- 
ments with foreign nations in regard to this matter, and 
the result would be endless confusion and much bitterness. 
To avoid this, foreign commerce is placed entirely under 
the control of the national Government. In the exercise 
of this power over foreign commerce, Congress has placed 
duties on most of the manufactured articles that are 
brought into the United States, and many treaties and 



POWERS OF THE NATIONAL GOVERNMENT 159 

agreements have been made with foreign Governments to 
encourage trade and commerce. We shall see later on 
that certain restrictions are placed upon the national Gov- 
ernment in the exercise of its power to lay duties on for- 
eign goods brought into the United States. (See 
page 196.) 

To each of the important seaports of the world the 
United States sends a representative known as a consular 
agent. It is the duty of these consuls to encourage Ameri- 
can commerce and to assist and protect American vessels 
in foreign ports. They send extensive reports to our Gov- 
ernment at Washington ; and these reports are published 
for the benefit of those who are interested in shipping 
goods to foreign countries. 

117. How the nation is protected. We have seen some 
of the many ways by which our State Government pro- 
vides for the protection of our lives. (See chapter II.) 
In addition to this protection afforded by the State Gov- 
ernments, our national Government makes provision for 
our protection against foreign enemies. This is accom- 
plished by means of the army and navy, and by construct- 
ing forts and other defences along the coasts. 

1. The Army. The different nations of Europe are situ- 
ated so close to one another that disagreements are likely 
to arise frequently among them. The result is that they 
have, as a rule, been obliged to maintain large standing 
armies at great expense. The United States is not, like 
the countries of Europe, surrounded by numerous foreign 
States. We occupy a large portion of a whole continent, 
and we are the most powerful independent nation on the 
continent. In consequence, we have not found it neces- 
sary to support a large standing army. Nevertheless, we 
have always maintained a small army, ready at any time of 



l60 HOW WE ARE GOVERNED IN THE NATION 

need to defend and protect the nation. The President is 
commander-in-chief of the army, but Congress must pro- 
vide for its support. In recent years the United States 
has acquired important islands in the far seas. In order 
to protect these, we shall perhaps find it necessary in the 
future to keep a somewhat larger standing army than we 
have needed in the past. 

Not only does the army provide for the defence of the 
nation against enemies from without, but sometimes it is 
used to preserve peace within the States, or to help in 
carrying out the national laws. Troops of the army, how- 
ever, are never sent to the aid of any State unless the Gov- 
ernor or the State legislature requests the President to 
send them. In the winter of 1907-08, the Governor of 
Nevada, fearing the results of a serious strike among the 
mining employees of that State, called for the assistance of 
the national army; and the President, acting upon his re- 
quest, sent a body of national troops to prevent any dis- 
turbance that might arise. 

Whenever he thinks it necessary the President may also 
employ the national troops to enforce the laws of the 
nation. In 1894 there was a large strike among the rail- 
way operators at Chicago, one of the most important rail- 
way centers in the United States. Commerce between the 
States was seriously interfered with, and trains carrying 
the United States mails were held up. President Cleve- 
land promptly dispatched troops of the United States to 
put down the disturbance in order that the trains might 
continue, under the laws of Congress, to carry the mails 
and the commerce going from one State into another. 

2. The Militia, If our country should be invaded by a 
foreign enemy, our small standing army would probably be 
unable to repel the invasion. We have seen that in our 



POWERS OF THE NATIONAL GOVERNMENT 161 

own State there is an organized militia for the purpose of 
preserving the peace of the State in times of unusual dan- 
ger. (See pages 26, no.) In nearly all the other States 
similar provision is made for maintaining companies of 
militia. The national Government has the power to call 
out the State militia for the purpose of defending the nation 
against invasion or insurrection. Congress also makes 




The American Fleet 

Leaving Hampton Roads in the fall of 1907 on the famous cruise 

around the world. 

general rules for the organization and discipline of the 
State militia throughout the United States. 

■>. The Nary. If the United States should go to war 
with any nation of Europe, neither country would be likely 
to send a large army to attack the other. Much of the 
fighting would naturally take place on the water. This 
was shown in our recent war with Spain. Some of the 



162 HOW WE ARE GOVERNED IN THE NATION 

fighting, indeed, took place in the island of Cuba, which 
was a Spanish possession close to our own shores ; but the 
real test between the two nations was in the struggle be- 
tween the navies. Because of our position, therefore, it 
has been necessary for our national Government to pro- 
vide a large and well-equipped navy. Especially is this 
necessary since we acquired the Philippine Islands, for it 
is largely by means of the navy that these far off posses- 
sions must be protected. Our navy is being constantly 
strengthened by the addition of new and powerful vessels 
of war. 

]+. The Coast Defence. In addition to the protection pro- 
vided by the army and the navy, it is necessary that the 
seaports of our country should be fortified against 
attacks that might be made by the war vessels of an enemy. 
At important points along the seacoast and the shores of 
the great lakes, strong forts are built with powerful bat- 
teries of large guns. Harbors are usually protected also 
by sub-marine torpedoes, or mines, as they are called, laid 
at the bottom of the channel. These mines are connected 
with the land by electric wires and can be exploded under 
an enemy's vessel. Fortress Monroe is the chief coast 
defence provided in Virginia by the national Government, 
and it is probable that Hampton Roads is protected by 
sub-marine mines. In addition to -the forts and harbor 
protections, there are also vessels especially built for the 
coast defence. 

It is the national Government, too, which provides those 
protections for life and property along the coasts which 
we learned of in the earlier part of our study. It erects 
lighthouses and maintains life-saving stations. (See page 
23.) It also spends large sums of money in improving 
harbors and rivers for the purposes of navigation. (See 



POWERS OF THE NATIONAL GOVERNMENT 163 

page 70.) Thus we see that the Government of our 
nation provides in many ways for the protection of our 
lives in addition to the protection thrown around us by 
the Government of our State. 

118. How the national Government controls inter-State 
commerce. In this day of frequent travel and the enormous 
growth of commerce between different parts of the Union, 
we sometimes almost forget that there are any boundaries 
between the States. We sit in a railway train and are 
whirled through half a dozen States in a single day. 
The early fruits and vegetables that w 7 e buy in the markets 
of Virginia have been grown in Florida and Georgia. 
The goods we buy in the shops have drawn their raw 
material from one section of the United States, have been 
manufactured in another, and are sold in a third. Goods 
are sent from one State to another as easily as they are 
sent from one local community to another. This tremen- 
dous commerce between the States passes over the water 
routes and the great railway lines. 

Now suppose that one State had the power to prohibit 
the people of another State from entering its territory, or 
suppose that each State could lay duties on goods coming 
from another State. A great deal of confusion would 
naturally result, and much of this travel and commerce 
would be interrupted. To avoid this difficulty the national 
Government is given complete control over inter-State 
commerce — that is, commerce passing from one State to 
another. It has been the general policy of the national 
Government to permit commerce to be carried on between 
the States without restrictions of any kind. 

119. How the national Government controls our money 
system. It is very necessary that the Government in any 
country should regulate in the strictest manner the money 



1 64 HOW WE ARE GOVERNED IN THE NATION 

that is used in the country. People must be sure always 
that whatever they receive as money will, in turn, be re- 
ceived by other people; and they must be protected against 
frauds. You can understand, therefore, the necessity for 
the Government's control over the money we use. 

Now imagine what endless confusion would result if 
every State coined its own money. Each of us would have 
to keep in mind the value of coins made in forty-six differ- 
ent States, and we should probably have in our pockets 
coins of every variety. This would be annoying beyond 
description. For this reason the national Government has 
been given the power to establish one system of coins 
throughout the country to be used by the people in every 
State. 

In order for the national Government to protect us 
against frauds it must make provision for coining the 
money we use. This could not be left to private indivi- 
duals. United States mints have been established, there- 
fore, in which the coins are made ; and laws have been 
passed for the severe punishment of any individual who 
attempts to duplicate, or counterfeit, as we say, United 
States coins. 

The national Government also issues paper money. 
You must not imagine, however, that the Government can 
issue any amount of paper money that it chooses. A 
great many people have this mistaken idea. A dollar bill 
issued by the national Government is simply a promise 
made by the Government that it will pay a dollar in silver 
to the bearer of that bill whenever he demands it. The 
Government keeps in the national treasury a large part of 
the gold and silver coins. Now if the Government issued 
an enormous number of paper bills, it would be unable to 
pay them upon demand. This would soon be known, and 
the bills themselves would become worthless. 



POWERS OF THE NATIONAL GOVERNMENT 165 

The State Governments are forbidden by the national 
Constitution either to coin money or to issue paper money. 
This is because it is of great importance that there should be 
in the United States only one system of money regulated 
entirely by the national Government. 




Making Paper Money 

Scene in the Bureau of Printing and Engraving at Wash- 
ington, where our paper money is engraved 

The national Government also determines what weights 
and measures shall be lawfully used as standards. This 
helps to avoid confusion and dishonesty in business 
throughout the entire country. 

120. How the national Government controls immigration 
and naturalization. For many years our country has been 
attracting a large number of foreigners from the various 



166 HOW WE ARE GOVERNED IN THE NATION 

nations of Europe and Asia. These people in many cases, 
come from lands of oppression and poverty. They see 
in the United States a land of opportunity and promise. 
They swarm over the seas by the thousands every year. 
Indeed, more than a million have sometimes come to us 
in a single year. 

Many of these foreign immigrants belong to the lower 
classes of their home countries. In times past they were 
often paupers, who had to be supported by our Govern- 
ment after they landed in America. Immigration is a 
serious problem in the United States, and the national 
Government has undertaken to regulate it. Laws have 
been passed to prevent paupers and diseased and insane 
persons from entering the country. Moreover, every for- 
eigner who comes over to settle in America has to pay a 
tax of two dollars when he lands, and he must have at 
least fifteen dollars in his pocket in order to show that he 
is not likely to become a public burden. 

The national Government provides that, in due course of 
time, these foreigners may become American citizens by a 
process called naturalization. Before a foreigner can be- 
come a naturalized citizen of the United States, he must 
have resided in this country at least five years, and he must 
have declared his intention to become a citizen at least two 
years before he is admitted to citizenship. After a for- 
eigner has been granted his naturalization papers by the 
Government, he enjoys the same privileges that belong to 
a natural-born citizen of the United States, with the single 
exception that he can never become the nation's President 
or Vice-President. 

Foreigners of the same nationality frequently settle together in 
some section of one of our large cities, retaining their foreign lan- 
guage and customs. They thus become a danger to our nation, 



POWERS OF THE NATIONAL GOVERNMENT 167 

for they do not understand our life and Government. Fortunately, 
however, many of them scatter over the country. These quickly 
lose their foreign characteristics and adopt our language, our cus- 
toms, and our ideas. In other words, they become Americans. 
The school is perhaps the most important means by which the 
children of these foreigners are taught to understand our ways of 
living and thinking. Educated in our schools, many of them grow 
up to become good American citizens. Immigrants from England, 
Scotland, Ireland, Germany, and Sweden adopt American ideas 
very rapidly; but others — like the Russians, the Italians and the 
Syrians — are very slowly "Americanized." 

This problem of immigration is much more serious in some 
parts of the United States than it is in others. In large cities, like 
New York and Chicago, the foreign populations give a great deal of 
trouble. On the Pacific coast the large population of Chinese and 
other Asiatic peoples is a constant source of annoyance and diffi- 
culty. The national Government at length found it necessary to 
pass a law prohibiting the Chinese from entering this country, for 
it was feared that they would soon outnumber the whites along the 
western coast. 

121. How the national Government controls the postal 
service. The carrying of the mails is one of the most im- 
portant services undertaken by the national Government for 
the welfare of the people. This business of carrying the 
mails is under the exclusive control of the national Gov- 
ernment. By means of the thousands of post-offices 
scattered throughout the land, the people in the different 
communities are brought into easy communication with 
one another. We have already learned something of the 
reforms that have been brought about in the postal service, 
and of the important part it plays in the business and 
social life of the nation. (See page 73.) 

122. How the national Government controls patents and 
copyrights. When a man writes a book or invents a ma- 
chine, his book or his invention is really a part of his 
property. Unless he is protected in his property, however, 



1 68 HOW WE ARE GOVERNED IN THE NATION 

some one else may reprint his book or manufacture his 
machine without his consent, and thus deprive him of his 
profit. In order to encourage authors and inventors, the 
Government provides them with protection for their work. 
To the author is issued a copyright on his book, and to 
the inventor a patent upon his invention. The Govern- 




Making Postage Stamps 

Scene in the Bureau of Printing and Engraving at Wash- 
ington, where postage stamps are printed 

ment makes it unlawful for any one to republish a book 
that has been copyrighted or to manufacture a machine or 
other device that has been patented. 

123. Summary. Thus we see that the Government of 
our nation provides in many important ways for the pro- 
tection and welfare of the people of the whole country. 



POWERS OF THE NATIONAL GOVERNMENT 169 

This it does by regulating foreign and inter-State affairs, 
by providing for the national defence, and by controlling 
such things as the money system, naturalization, the 
postal service, patents, and copyrights. These are things 
which could not be satisfactorily undertaken by the 
separate States. It is of great importance that they should 
be regulated in a uniform manner throughout the entire 
nation. 

QUESTIONS FOR CLASS DISCUSSION 

1. Does the State of Virginia maintain an army? A navy? A 
postal system? Does it build forts and protect harbors? Make 
treaties? Send diplomatic representatives to foreign nations? 
Coin money? Issue paper money? Show how each of these 
things is necessary for our protection or welfare. By whom are 
these things undertaken, and why? Explain, then, the necessity for 
our national Government. 

2. In what ways do the people of the United States associate 
with the people of foreign countries? Suppose a dispute arises be- 
tween the United States and Great Britain ; who settles it ? Who 
has control over all our foreign affairs, and why? 

3. Could the State of Virginia make a treaty with Germany? 
Why? Explain how treaties between the United States and a 
foreign Government are made? Why are they made? How do 
they help us as a nation? Mention some of the treaties you have 
learned about in history. Why were they made? 

4. What are ambassadors and ministers? Does Virginia appoint 
or receive ambassadors and ministers? Why? Who chooses the 
diplomatic representatives of the United States? Where are they 
sent? Why are they sent? What is the difference between an 
ambassador and a minister? Find out, if you can, to which 
countries the United States sends ambassadors. Find out, if you 
can, the names of some of our present diplomatic representatives. 
To what countries are they sent? Try to recall from your history 
some distinguished statesmen who have represented us abroad. 

5. In the United States who has the power to declare war, and 
why? Who controls foreign commerce, and why? Who makes 



I7 o HOW WE ARE GOVERNED IN THE NATION 

regulations for the vessels and goods which come from abroad and 
land at the seaports of Virginia? 

6. Who maintains our army? Is it large or small, and why? 
Is it larger today than it was before the Spanish-American War? 
Why? Why is the army maintained? When may national troops 
be sent to protect life and property within some State? How is 
the army used to enforce the laws of the nation ? Do you recall 
any instance of this? What part does the State militia have in the 
defence of the nation? 

7. Explain why the United States is obliged to maintain a large 
navy. Explain how the seacoast is protected. Where is Fortress 
Monroe? Have you ever seen it? Tell all you know about it. 
Who built the lighthouses at Cape Henry and Cape Charles? 
Why? 

8. Can Virginia prohibit persons from coming into the State 
from Maryland, West Virginia, Kentucky, or North Carolina? 
Can Virginia prohibit goods from being brought in from these 
States? Why? What do we mean by inter-State commerce? 
Who controls it? Why? 

9. Who coins the money we use? Why is Virginia not per- 
mitted to coin money? What is a mint? Why does the national 
Government maintain mints? What is meant by counterfeiting? 
Why is it made a criminal offense? What is paper money? Who 
issues it? Why? Does Virginia issue any paper money? Why? 
Can the national Government issue any amount of paper money it 
chooses? Who fixes the weights and measures we use in our 
stores? 

10. What people are known as immigrants? Where do they come 
from, and why? When do they become dangerous? What is meant 
by naturalization? Who controls this? 

11. Where is your nearest post-office? Who maintains it? W r hy? 
Tell all that you know about the postal service in your community. 
What are patents and copyrights? By whom are they issued and 
why ? Look in the front of one of your school books and see who copy- 
righted it. What does this mean? Have you ever seen any article 
marked "patented" or "patent applied for?" Tell about the article, 
and explain why it was patented. 



CHAPTER XVIII 

THE CONSTITUTION OF THE NATION 

124. What the national Constitution is. In our earlier 
study we learned that our State Government undertakes 
to provide many important benefits for us ; and we saw 
how that Government is organized under the Virginia 
Constitution. In the preceding chapter we have learned 
that our national Government provides for our protection 
and welfare in many other important ways. Our national 
Government also is organized under a Constitution. Let 
us see how the Union of States came to be formed and 
how the national Constitution was framed and established-. 

125. Why the colonies first united. You doubtless re- 
member that during the colonial period of our history 
each of the thirteen colonies was under the control of 
the British- Government. There was, however, no sort of 
union which bound them together ; each colony was in- 
dependent of the others. They were forced to join hands 
only because the Parliament of the mother country began 
to oppress them and to impose upon them taxes which 
they felt were unjust. They realized fully that if their 
revolt against this oppression was to be successful they 
would have to act together. The colonists therefore de- 
termined to send delegates to a Continental Congress 
which should represent them in their struggle with Great 
Britain. It was this Congress which issued the Declara- 
tion of Independence and provided for carrying on the 
Revolutionary War. The success of the war freed the 



172 HOW WE ARE GOVERNED IN THE NATION 

colonies from British control. They were no longer de- 
pendent colonies ; they were independent States. 

During the period of the war the Continental Congress 
exercised whatever powers were necessary. But naturally 
after peace was established the people were unwilling to 
have this Congress govern them as it chose. Even while 
the war was going on, steps were taken to determine how 
the Government of the Union should be organized and 
what powers it should exercise. 

126. What the Articles of Confederation were. In 1777 
a committee of the Continental Congress drew up a plan 
of Government for the new Union. The document which 
they prepared was known as the Articles of Confederation. 
It was provided that this Government should not go into 
operation until every one of the thirteen States had agreed 
to accept it. In 1781 the last State gave its consent, and 
the Government provided for by the Articles of Con- 
federation was set in motion. 

The Government established by the Articles of Con- 
federation proved to be very unsatisfactory. The war had 
been costly, and the States were deeply in debt. Money 
was needed for carrying on the work of the new Govern- 
ment; but the Government had no means for raising 
money. It had no power to levy taxes upon the people. 
It had to call upon the different States to contribute to 
its support. The Congress of the Confederation had no 
power to compel the States to pay their contributions, or 
indeed to compel obedience to any of the laws of the 
Union. 

As the years went on, the Government became more 
and more hopelessly in debt. More than once the attempt 
was made to change the Articles of Confederation so 
as to give Congress additional powers ; but no change 



THE CONSTITUTION OF THE NATION 173 

could be made without the consent of every State, and 
this it was impossible to secure. The far-seeing states- 
men of the time realized that if the Union was to continue, 
something must be done to increase the powers of the 
Government. "Washington called it "a half-starved, limp- 
ing Government, always moving upon crutches and totter- 
ing at every step." 

Difficulties had early arisen between Virginia and 
Maryland over the control of commerce on the Potomac 
River and Chesapeake Bay, and these States seemed unable 
to settle their disputes. In 1785 the General Assembly of 
Virginia invited all the States to send representatives to a 
convention to be held at Annapolis the year following. 
This convention was called to consider the trade and 
commerce of the Union. Only five of the States were 
represented when the delegates came together. But a 
stirring address was issued calling upon the States to send 
delegates to another convention which should meet the 
next year in Philadelphia for the purpose of revising the 
Articles of Confederation. 

127. The Constitutional Convention of 1787. The Con- 
vention assembled in May, 1787. It was composed of 
delegates from every State except Rhode Island. Nearly 
all the truly great men of that time were among its 
members. Washington was its president, and Virginia was 
also represented by James Madison, George Mason, and 
Edmund Randolph, all of whom had been members of 
the Convention which in 1776 drew up the first Constitu- 
tion of Virginia. (See page 91.) Jefferson was not a 
member, for at this time he was representing the United 
States Government in France. Prominent also in the 
Convention were Benjamin Franklin and Alexander 
Hamilton. It was a high-minded, patriotic, and noble body 



174 HOW WE ARE GOVERNED IN THE NATION 

of men, which met at a critical time to determine how the 
Union might be strengthened and preserved. 

As a matter of fact, the Convention did not attempt to 
revise the Articles of Confederation. They set about the 
task of drawing up a completely new form of government. 
After nearly five months of careful deliberation behind 
closed doors, their work was completed. They had framed 
a new Constitution for the Union of States. 

128. How the Constitution was put in operation. The 
Convention sent the Constitution they had framed to the 
Congress then in session with the request that Congress, 
in turn, should send it to the States for consideration. 
In each of the thirteen States a convention representing the 
people was called together to decide whether the State 
would accept or reject the new form of Government. Ac- 
cording to the plan adopted by the Convention, whenever 
nine of the States should accept the Constitution it was 
to go into operation. You must bear in mind, however, 
that each State was to make its own choice ; no State was 
compelled to adopt the proposed Constitution. 

The conventions in some of the States had little diffi- 
culty in agreeing to adopt the new form of union, but in 
many others the Constitution hung in the balance for 
months. There were several reasons why the proposed 
Constitution met with so much opposition. The States, 
you will recall, had but recently been freed from the op- 
pressive yoke of Great Britain. They were now enjoying 
the luxury of independence, and they feared to give up 
any large amount of power even to a Government of 
their own creation. They were afraid that as States they 
would be deprived of too many rights, and that the people 
might not be secure in their liberties. This was perhaps 
the chief objection that the new Constitution had to over- 
come. 



THE CONSTITUTION OF THE NATION 175 

Virginia was the tenth State to ratify the Constitution. 
The opposition in Virginia was led by Patrick Henry, 
who protested violently against granting to the Govern- 
ment of the Union such large powers as the Constitution 
provided for. In the Virginia Convention those members 
who were in favor of accepting the Constitution were led 
by James Madison. In the Constitutional Convention at 
Philadelphia, it was Madison who had brought forward 
the plan of Government which was, after many changes, 
finally adopted. In the end he succeeded in carrying a 
small majority of the Virginia Convention in favor of 
adoption. 

By the summer of 1788, eleven States had ratified the 
Constitution. North Carolina and Rhode Island alone re- 
fused their consent. Indeed they did not come in as 
members of the new Union until after the Government 
had gone into operation. Before the spring of 1789, 
Washington had been unanimously chosen the first Presi- 
dent of the United States, and the members of the first 
national Congress had been elected. The Congress of 
the old Confederation passed into history, and the Govern- 
ment provided for by the national Constitution under 
which we still live came into being. 

129. How the Government is organized under the Con- 
stitution. Under the old Articles of Confederation all 
the meager powers given to the Government of the Union 
were placed in the hands of the Congress. There were 
no executive officers to put the laws into operation, and 
no courts to explain and interpret them. The only power 
which the Government really had was the power to make 
laws, and this was one of the reasons why the Confed- 
eration proved to be a miserable failure. Under the new 
Constitution all this was changed. The national Govern- 



176 HOW WE ARE GOVERNED IN THE NATION 

ment was given the power not only to make the laws but 
to put them in operation and to apply them. 

It has already been pointed out that whenever all these 
powers are placed in the hands of one group of men there 
is usually danger that the Government will become tyran- 
nical. (See page 96.) The Constitution therefore provides 
that there shall be three great departments of Govern- 
ment — legislative, executive, and judicial. 

130. How the Constitution may be changed. You re- 
member that our Virginia Constitution, being the highest 
law of the State, is considered of such importance that the 
legislature is not permitted to change it. (See page 94.) 
This is true also of our national Constitution. Indeed it 
may be said generally that no Constitution in the United 
States, whether State or national, can be amended by the 
ordinary law-making body. 

The Constitution of the nation provides that changes, 
or amendments as they are called, may be proposed in 
Congress. But it requires that every amendment shall be 
passed by a two-thirds vote of each house, and that it 
shall then be sent to the States for consideration. No 
amendment becomes a part of the Constitution until it 
has received the consent of at least three-fourths of the 
States. 1 

Now as a matter of fact, it is a very difficult matter to 
secure for any amendment a two-thirds majority of both 
houses of Congress and the consent of three-fourths of 
the States. It is, in consequence, very difficult to amend 
our Constitution. Except in some unusual emergency, it 
may be said to be almost impossible. Since the Consti- 

1 The Constitution also provides that, upon application of the 
legislatures of two-thirds of the States, Congress shall call a con- 
vention for the purpose of proposing amendments, but this method 
of amending the Constitution has never been used. 



THE CONSTITUTION OF THE NATION 177 

tution went into operation in 1789, more than two thousand 
amendments have been proposed in Congress. Most of 
them have failed to secure the necessary two-thirds vote, 
and nearly all of the others have been lost when they 
have been submitted to the States. Fifteen amendments, 
however, have been adopted. Let us see how these 
changes came to be made. 

131. Why the fifteen amendments were adopted. 1. The 
first ten amendments. At the time when the Constitution 
was being discussed in the different State conventions 
much fear was expressed that it did not contain sufficient 
restrictions upon the powers of the national Government. 
The people were afraid that the new Government might 
not be careful to protect their liberties. Several States, 
in adopting, proposed that certain amendments should 
be immediately passed for the purpose of protecting the 
people's liberties. In the first Congress which met under 
the new Constitution, these amendments received the 
necessary two-thirds vote in each house of Congress, and 
they were very quickly accepted by the States. They were 
added to the Constitution so early in its history that we 
may almost regard them as a part of the original Consti- 
tution. 

These ten amendments provide, among other things, 
for the protection of our freedom of speech and of the 
press, and our freedom of religion. They guarantee us 
the right of trial by jury in a fair and open court. They 
prohibit the national Government from imposing un- 
reasonably large fines or cruel and unusual punishments ; 
and they provide that our private property shall not be 
taken from us unless we are justly paid for it. These 
amendments protect us in certain of our rights against the 
powers of the national Government only. It is important 



178 HOW WE ARE GOVERNED IN THE NATION 

for you to remember that they do not restrict the powers 
of the States. As we have already learned, it is by means 
of our State Constitution that we are protected in these 
liberties against the powers of our State Government. 
(See pages 44 and 94.) 

2. The eleventh amendment. In 1793, four years after 
the new Government had been established, trouble arose 
between the State of Georgia and the Government of 
the United States over a suit that was brought against 
Georgia in the national courts. Georgia thought that the 
national Government had no power to force any State to 
come before its courts. In order that the States might be 
protected against such suits, the eleventh amendment was 
passed. YVe shall refer later to the protection afforded 
the States by this amendment. (See page 230.) 

3. The twelfth amendment. The original method pro- 
vided in the Constitution for electing the President and 
Vice-President of the United States proved to be very awk- 
ward and unsatisfactory. You may recall that in the year 
1801 it produced serious trouble, and a bitter contest re- 
sulted before Thomas Jefferson finally triumphed over 
Aaron Burr. A few years after Jefferson's inauguration 
the twelfth amendment was passed by Congress and 
adopted by the necessary number of States. It provided 
for our present method of electing the President and 
Vice-President. (See page 211.) 

4. The last three amendments. During the period of 
our history just after the War between the States, the 
thirteenth, fourteenth, and fifteenth amendments were 
added to the Constitution. They were intended primarily 
to protect and to give certain rights to the recently freed 
negroes. 

By the thirteenth amendment slavery was abolished 
throughout the United States. 



THE CONSTITUTION OF THE NATION 179 

The fourteenth amendment provides, first of all that "all 
persons born or naturalized (see page 166) in the United 
States are citizens of the United States and of the State 
in which they reside." This, of course, grants citizenship 
to the negroes. The amendment provides also that the 
States shall give to all persons equal protection of the 
laws, and guarantees that the national Government will 
protect everybody, in his life, his liberty, and his property, 
against any unjust action on the part of the States. The 
amendment does not mention the negroes, but its purpose 
was evidently to afford them protection against the States. 

The fifteenth amendment also provides protection for 
the colored man. We have already noted the qualifications 
which our own State requires of those who wish to vote 
at elections held in Virginia. (See page 143.) Through- 
out the Union each State determines who shall and who 
shall not vote within its limits. But by the fifteenth and 
last amendment to the Constitution, no State can deprive 
any person of his right to vote because of his "race, color, 
or previous condition of servitude/' The purpose of this 
amendment was to prevent the Southern States from de- 
priving the negro of his right to vote because he was 
a negro and because he had been a slave. 

132. The importance of the Constitution. The Consti- 
tution as it now stands consists of the original text as it 
came from the Convention of 1787 and the fifteen amend- 
ments which have been added. This Constitution is the 
supreme law of our land. The national Government cannot 
pass any law or do any act which violates the Constitu- 
tion. In making their Constitutions and laws, the States 
are likewise bound to respect and obey the terms of the 
national Constitution. 

We must bear always in mind that the Constitution did 



180 HOW WE ARE GOVERNED IN THE NATION 

not attempt to set up a complete Government. The State 
Governments were already in existence, and they continued 
to exist. They regulate our daily lives in many more im- 
portant ways than does the national Government. We 
have seen, for instance, in how many ways the Govern- 
ment of our own State provides for our protection, as- 
sistance, and welfare. The Government of our nation un- 
dertakes, as we have seen, to provide only those things 
which are for the common interest of the people in all 
the States. As we go on, we shall see how the national 
Government is supported and how it is organized for the 
purpose of carrying on these things. 

Mr. Gladstone, the great English statesman, once made 
the remark that the Constitution of the United States is 
the greatest work ever struck off at any one time by the 
mind and purpose of man. When we pause to think that 
it has, with few changes, stood the test of more than a 
century, we are indeed impressed with the marvelous 
greatness of the work of the Convention which framed it. 
In 1789 the Constitution provided a national Government 
for a straggling line of States along the Atlantic seaboard 
with a population of only a few millions. Today it pro- 
vides for the Government of a mighty nation, stretching 
over a vast continent from coast to coast and extending 
its arms to the islands of the far seas — a nation with a 
population of more than eighty millions of people. 

QUESTIONS FOR CLASS DISCUSSION 

1. Explain why the American colonies were forced to unite in 
their struggle against the mother country. What were the Articles 
of Confederation? When and why were they drawn up? How- 
were they adopted? Explain why the Government established 
under the Articles of Confederation proved to be a failure. 



THE CONSTITUTION OF THE NATION i8t 

2. What was the Constitutional Convention of 1787? When, 
where, and why did it assemble? Who were the delegates from 
Virginia? W r hat was the result of the work of this Convention? 
Do you regard this Convention as the most important assembly in 
our history? W T hy? 

3. How was the Constitution ratified? How many States were 
required to ratify before the Constitution went into effect? Why 
did the Constitution meet with opposition? Describe the struggle 
in the Virginia ratifying Convention. When was the new Govern- 
ment set in motion? 

4. Explain how the Constitution may be amended. Is it difficult 
or easy to change our Constitution? Do you regard this as an 
advantage or a disadvantage? 

5. How many amendments have been passed? Explain how and 
when the first ten amendments came to be adopted. Why was the 
eleventh amendment adopted? The twelfth? 

6. Tell about the three amendments adopted after the War be- 
tween the States. 

7. Did the Constitution provide a complete form of Government? 
Why? What do you think of the Constitution? 



CHAPTER XIX 

THE NATION AND THE STATES, 

133. Our responsibility to two Governments. We have 
now learned that, in addition to the Government of our 
State, there is a Government of our nation established 
over the entire Union of which our State is a part. And 
we have seen that our national Government is organized 
under the Constitution which was framed by the Conven- 
tion of 1787. All of us, therefore, are subject not only 
to the Government of our State, but also to the Govern- 
ment of our nation. Each of these Governments makes 
its own laws and has its own officers to carry them out. 
To each of them we owe loyalty and obedience, for each 
in its own way helps to promote our safety, peace, and 
happiness. 

Now it may be difficult for you to understand how we 
can be responsible to two Governments at the same time. 
How can we be governed by two distinct groups of 
officers? You must understand that our national and 
State Governments are not independent in the same way 
that the Governments of France and Germany, for in- 
stance, are independent of each other. On the contrary, 
each is dependent upon the other. Our State Govern- 
ment could not exist alone, for it does not provide for 
maintaining an army and navy, for the regulation of foreign 
affairs, the making of treaties, the coining of money, and 
many other things that are controlled by the Government 
of the nation. Nor could our national Government exist 

182 



THE NATION AND THE STATES 183 

without the States, for it does not provide in general for 
the punishment of crimes, the regulation of property, the 
building of roads, the support of schools, the protection of 
health, and many other things undertaken by the State 
Governments. 

In one sense, however, the national Government is in- 
dependent of the States, and the States are independent of 
the national Government. All the powers visually exercised 
by a national Government are in the United States divided 
between the States and the nation ; and neither can exercise 
the powers belonging properly to the other. Let us see 
how this division of powers is made. 

134. What the national Government may and may not do. 
The Constitution of the United States declares exactly 
what powers the national Government may exercise. We 
have already learned in general what these powers are. 
When Congress wishes to pass a law on any subject, it 
must first of all find its authority to do so in the Constitu- 
tion. Otherwise the law is said to be ''unconstitutional," 
which means that it is no law at all. We are not obliged 
to obey those laws which, under the Constitution. Congress 
has no power to enact. You must not think, however, that 
each of us can determine these matters for himself — 
that we may obey or disobey the laws of Congress as 
we choose. Neither is our State permitted to decide such 
matters for us. As we shall see, the Constitution provides 
a means by which we may be protected, whenever Con- 
gress attempts to pass an "unconstitutional" law. (See 
page — .) 

You must not understand that the national Government 
has only those powers which are in so many words laid 
down in the Constitution. Comparatively few powers are 
expressly or directly given to the national Government 



184 HOW WE ARE GOVERNED IN THE NATION 

by the Constitution. Almost from the beginning Congress 
found it necessary to exercise other powers which are only 
indirectly given, or as we say, implied in the Constitution. 

Perhaps you will best understand this by an illustration. In 
1803, when Thomas Jefferson was President of the United States, 
the territory of Louisiana was purchased from France by the 
Government of the United States. This territory was a most im- 
portant acquisition for our country, contributing no little to our 
wonderful development as a nation. Now the Constitution does 
not expressly give to the Government of the United States the 
power to acquire territory. But it does give that Government the 
power to make treaties. It was held, therefore, that since the 
national Government had this power, it could make a treaty by 
which territory might be added to our country. The power to 
acquire territory is said to be implied in the power to make treaties. 
This is only one illustration of how the national Government exer- 
cises powers that are not directly given to it by the Constitution, 
but are only implied in the grant of other powers. 

The national Government may not exercise any power 
which is neither directly nor indirectly granted to it by 
the Constitution. It may not, for instance, make laws 
for the punishment of crimes like murder and robbery ; or 
for the general regulation of property and business. These 
and many other powers the Constitution does not give 
to the Government of the nation. 

135. What the States may do. In general it may be said 
that the States may exercise all the powers not given over 
to the national Government by the Constitution of the 
United States, although, as we shall see (seepage 187), there 
are a few exceptions to this. As we have learned from 
the study of our own State government, the powers re- 
served to the States are not only numerous and varied, but 
they are of tremendous importance. The States may 
not, however, interfere with those things which are 



THE NATION AND THE STATES 185 

properly undertaken by the Government of the nation. 
They may not, for example, make treaties with foreign 
nations, or maintain an army and a navy, or coin money. 
With very few exceptions the powers which by the Con- 
stitution of the United States are given to the Government 
of the nation are taken entirely away from the control of 
the States. 

Thus we see that the division of the powers between 
the nation and the States is provided for by the national 
Constitution. This Constitution gives to the national 
Government control over those things which are of interest 
to the people of the nation as a whole ; it expressly says 
that all other powers are reserved to the States. It is of 
great importance that we should bear in mind this division 
of powers. It is the fundamental principle of our Gov- 
ernment, which is called on account of it a federal system 
of Government. 

136. How the national Government is restricted by the 
Constitution. The most important restriction placed upon 
the national Government is, as we have just learned, that it 
can exercise only the powers which are granted to it by the 
Constitution. In addition to this, however, a number of 
other restrictions are placed by the Constitution upon the 
powers of the central Government. It will not be neces- 
sary for us to enumerate the entire list of these express re- 
strictions ; it will be sufficient if we get some general idea 
of their character and importance. 

As the Constitution came from the hands of the Conven- 
tion of 1787, it contained a number of prohibitions upon 
the powers of Congress. For example, after an individual 
has committed an act, Congress is forbidden to pass any 
law providing for his punishment. If the act of an indi- 
vidual is not a crime when it is committed, Congress has 



1 86 HOW WE ARE GOVERNED IN THE NATION 

no power afterward to make it a crime. 1 Congress may 
of course, provide for the punishment of similar acts in the 
future. When a person is arrested for an offense against 
the laws of the United States, he cannot be kept in prison 
indefinitely awaiting his trial. The national Government 
cannot deny him the privilege of being taken before some 
officer of the law and shown the reason for his being held. 2 
The United States Government is also forbidden to grant 
any title of nobility, like the titles given in most European 
countries. Moreover, very important restrictions are 
placed upon the powers of Congress in the levying of taxes. 
(See pages 195, 196.) 

It is in the first ten amendments, however, that we find 
most of the prohibitions upon the powers of the national 
Government. These amendments, as we have learned 
(see page 177), were adopted because the States feared that 
the Government created by the new Constitution might 
not respect the liberties of the people. Among other 
things they protect our freedom of speech and the press, 
and our freedom of religion. (See pages 44 to 47.) They 
provide that when a person is accused of crime against the 
laws of the nation, he shall be indicted by a grand jury 
(see page 123), and shall be tried by a jury in a fair and 
open court, with the right to have his witnesses and a law- 
yer to defend him. (See pages 21, 44, 122, 123.) They 
provide, too, that our private property shall not be taken 
from us by the national Government without a just com- 
pensation (see page 40) ; and that civil suits — that is, suits 

1 A law providing for the punishment of a crime already com- 
mitted is called an ex post facto law. Congress may not pass any 
ex post facto law. 

2 This is called the privilege of the writ of habeas corpus. Our 
State Constitution also provides that this privilege shall not be de- 
nied to a person arrested for an offense against the laws of the 
State. See page 21. 



THE NATION AND THE STATES 187 

over property, debts, and the like — in which the amount 
exceeds twenty dollars shall also be tried by a jury. 

These are not all the restrictions placed upon the powers 
of the national Government; but they are sufficient to illus- 
trate how the national Constitution protects our lives, our 
liberties, and our property from any tyranny on the part of 
the officers of the national Government. Similar restric- 
tions, as we have learned, are placed upon the powers of 
our State Government by the Constitution of the State of 
Virginia. (See page 94.) Thus we are protected in our 
life, liberty, and property against both of the Governments 
to which we owe loyalty and obedience. 

137. How the States are restricted by the national Con- 
stitution. The most important restriction upon the pow- 
ers of the States is that they may not usually exercise the 
powers given to the Government of the nation. In addi- 
tion to this, the Constitution contains a few other prohibi- 
tions upon the powers of the States. For example, when 
legal agreements, or contracts as they are called, have been 
made in any State, no law can be passed by that State to 
render these contracts less binding upon the parties who 
have made them. The States also are forbidden to pass 
any law providing for the punishment of an individual for 
an act which he has already committed. (See page 186.) 
Nor can the States make agreements with one another, or 
with a foreign Government ; nor maintain an army and 
navy ; nor grant a title of nobility ; nor coin money. 

The thirteenth, fourteenth, and fifteenth amendments 
also placed additional restrictions upon the powers of the 
States. They prohibit the States from re-establishing 
slavery, and from depriving any person of the right to vote 
because of his "race, color, or previous condition of 
servitude." The fourteenth amendment declares that no 



1 88 HOW WE ARE GOVERNED IN THE NATION 

State shall " deprive any person of life, liberty, or property, 
without due process of law ; nor deny to any person within 
its jurisdiction the equal protection of the laws." The 
meaning of this sweeping declaration has never been defi- 
nitely determined. It was intended primarily to protect 
the negro race ; but it has actually been used much more 
frequently to protect corporations and others within the 
States from the operation of certain State laws. This 
whole question is very complicated ; it belongs more prop- 
erly to the study of law. Any attempt to explain it in 
our elementary study of Government would only confuse 
us. 

138. How our territories and other possessions are gov- 
erned. We have now learned how the powers of Govern- 
ment are divided between the States and the nation, and 
how both are restricted by the national Constitution in the 
interest of the people's liberties and protection. We must 
remember, however, that there are parts of the United 
States which are not organized as States. There are the 
territories of New Mexico, Arizona, Alaska, Hawaii, and 
there are our late acquisitions, the Philippine Islands, 
Porto Rico, and a few other islands of less importance ; 
and there is the District of Columbia. These territories 
and possessions occupy in our system of Government a 
place entirely different from that of the States. They do 
not, like the States, enjoy any powers independent of the 
national Government. The Constitution gives Congress 
the power to determine how each of them shall be gov- 
erned. Congress has, indeed, organized the territories of 
New Mexico, Arizona, and Hawaii on a plan similar to 
that of the State Governments; but Congress has the 
power to change this plan at any time — a power which 
it could not exercise over any State. Alaska, unlike 



THE NATION AND THE STATES 189 

other territories, is governed by officials appointed by 
the President and the Senate. Congress has also provided 
by law special Governments for Porto Rico and the Philip- 
pine Islands. 

QUESTIONS FOR CLASS DISCUSSION 

1. Could our national Government make laws for the regulation 
of the school system of Virginia ? For the management of trolley 
lines in Virginia? For the regulation of the sale of liquors in 
Virginia? Could it provide fire departments, sewer systems, 
electric lights, and street pavements for our cities? By whom are 
these things controlled? Why? 

2. Could the State of Virginia maintain an army? A navy? A 
postal system? Could it build forts? Make treaties? Coin 
money? Issue paper money? By whom are these things con- 
trolled? Why? 

3. Explain, then, what we mean when we say that our national 
Government and our State Governments are independent of each 
other. How is this independence secured? Who made the divi- 
sion of powers between the States and the national Government? 
How was the division made? Are the States and the national 
Government independent of each other in the same way that Great 
Britain and Italy are independent? Explain the difference. 

4. Could the State of Virginia exist under its present Constitu- 
tion without the national Government? Why? Could the national 
Government exist without the States? Why? Explain, then, 
what we mean when we say that the States and the national 
Government are dependent on each other. 

5. What is meant by a federal system of Government? 

6. What is meant by the express powers of the national Govern- 
ment? The implied powers? The national Government once built 
a post-road through Maryland; the national Government has no 
express power to build roads; how, then, could the Government 
build this post-road? Under what power did our national Govern- 
ment acquire the Philippine Islands? 

7. What is meant by the "reserved'' powers? Who exercises 
these powers? 

8. Can our national Government restrict our liberty in any way 



190 HOW WE ARE GOVERNED IN THE NATION 

that it chooses? How is it prevented? Can it, for instance, re- 
strict our freedom of speech? Can it prescribe what church you 
shall attend? Or make you contribute to the support of some 
church ? Why ? 

9. After you have committed some act, can the national Govern- 
ment pass a law for your punishment? Why? Suppose you are 
arrested for some offense against the laws of the nation, can you 
be kept in prison indefinitely awaiting your trial? At your trial 
what rights would you have? How are these rights secured to 
you? Why were the first ten amendments to the Constitution 
passed? 

10. Does the national Constitution place any restrictions on the 
powers of the States? Mention some of these restrictions. 



CHAPTER XX 

HOW THE NATIONAL GOVERNMENT IS 
SUPPORTED 

139. The necessity for national taxation. Just as our 
State and local Governments find it necessary to raise a 
large amount of money for their support (see chapter VII), 
so our national Government must have a revenue in order 
to maintain the many important services which it under- 
takes. For one of these services, the postal system, we 
indeed pay the Government directly; but even in this 
department of its work, the Government yearly expends 
more than it collects from the sale of stamps. (See page 
75.) Most of the other enterprises of the national Govern- 
ment are undertaken at enormous expense. There must 
be money for the support of the army and navy, and for 
constructing defences along the coasts ; for the erection at 
Washington of handsome national buildings, such as the 
Capitol, the White House, the Library of Congress, and 
the buildings occupied by the various departments of the 
Government. Courts must be maintained throughout the 
land. Salaries must be paid to the President and Vice- 
President, the members of Congress, the judges of the 
courts, the heads of departments, to our diplomatic repre- 
sentatives abroad, and to thousands of less important 
officials engaged in carrying on the work of the national 
Government. 

By the national Constitution the Government of the 
United States is given the power to raise its revenue 

191 



192 HOW WE ARE GOVERNED IN THE NATION 

directly, free from any assistance or hindrance on the part of 
the States. There are two principal sources from which 
the national Government has usually secured the revenue 
which it needs. Let us see what these sources are. 

140. Duties placed on imports. Almost from the be- 
ginning of our history as a nation, Congress has laid 
duties on imports from foreign countries into the United 
States. At first these duties were small, but today they 
are very large. The revenue which the national Govern- 
ment collects annually from these customs duties, as they 
are called, amounts usually to more than two hundred and 
fifty millions of dollars. 

Apparently it is the importer of these goods from 
foreign countries who pays the duties on them when they 
are unloaded at any port of the United States. In 
reality, however, the importer adds the amount of the 
duty to the price charged for his goods. We our- 
selves actually pay the duty in the increased price of 
gloves, silks, laces, woolen goods, and hundreds of other 
articles we buy in the shops. This makes the burden of 
the customs duties much lighter, for people do not realize 
that they are paying these duties as a part of the price of 
many articles bought in the shops. We ordinarily call 
such a tax as this an indirect tax. As you can easily un- 
derstand, it is much less difficult to collect an indirect tax 
than a direct tax, since those who purchase the goods and 
in reality bear the tax do not pay it to any officer of the 
Government. 

For the collection of the customs duties the national 
Government has established customs houses in all the sea- 
ports and border towns of the United States. The collec- 
tion is placed under control of the national Treasury De- 
partment, and hundreds of customs officers are employed 
in this important work of the Government. 



NATIONAL TAXATION 



1 93 



You may not fully understand why the national Government has 
chosen to raise a la'ge part of its revenue by placing high duties 
on imports. Many of these imports consist of articles manufactured 
abroad. In most cases these articles can be manufactured just as 
well in our own country, and it is of great importance to us that 
our home manufactures should be encouraged. For many reasons, 
however, these articles can be manufactured abroad more cheaply 
than they can be made in the United States. By laying large 
duties upon them when they are brought into our country, these 
foreign articles are made more expensive. Thus you see our 
home manufactures are encouraged and promoted. 

These high duties which our national Government has laid on 
imports are known as a protective tariff. They are "protective''* 
because their purpose is to build up home industries by "protect- 
ing" them from articles manufactured more cheaply abroad. The 
"tariff" is the list of duties imposed. 

Many people in our country believe that the tariff should be kept 
high; others believe that the duties ought to be lowered. This 
question of whether the tariff of duties on imports shall be raised 
or lowered has always been one of the chief differences between 
our two great political parties. The Democratic Party has in 
general favored a low tariff — that is. they have wished to make the 
duties on imports small. The Republican Party has, on the other 
hand, favored a high tariff. 

While the national Government has imposed large duties upon 
imports, it is by the Constitution prohibited from laying any duty 
on exports from the United States. The wealth and prosperity of 
any country are enormously increased by a large export trade. It 
is of great importance, therefore, that the Government should not 
be allowed to place any restrictions upon the sending of our goods 
to other countries. 

141. Excise taxes, or internal revenue. The national 
Government secures a large revenue from one other im- 
portant source. In accordance with the power granted 
by the Constitution, Congress has from the beginning laid 
taxes upon the manufacture of certain articles within the 
United States. These taxes are known as excise taxes. 
From this source the national Government secures a 



194 HOW WE ARE GOVERNED IN THE NATION 

revenue which in some years has even exceeded by many 
millions the enormous revenue from the customs duties. 
The money raised by the excise taxes is known as the 
internal revenue, for, unlike the duties on imports, these 
taxes are laid on goods made within the United States. 

The principal manufactures upon which excise taxes are 
laid are spirituous liquors and tobacco. You may perhaps 
have noticed on cigar-boxes that there is always a green 
stamp so placed that the box cannot be opened without 
breaking and thus destroying the stamp. This stamp re- 
presents the excise tax that has been placed upon the 
manufacture of the cigars. Excises are imposed upon the 
manufacture of liquors and tobacco for two purposes. In 
the first place, they bring in a large revenue to the Gov- 
ernment; and in the second place, they raise the price and 
thus decrease the sale of two articles which are recognized 
generally to be hurtful to health and morals of the people 
of the country. 

Like the customs duties, excise taxes also are indirect 
taxes. They are not borne by the manufacturer who pays 
them to the officer of the Government. To the price of 
his liquors or tobacco the manufacturer adds the amount 
of the excise tax, and the purchaser pays the tax in the 
increased price of these articles when he buys them in 
the shops. 

142. National and State taxation. These customs duties 
and excise taxes are not the only forms of taxation which 
the national Government may adopt; but ordinarily they 
are the only forms employed. In times of war, when the 
United States Government, in order to carry on the war, 
has needed large additions to its revenue, taxes have been 
imposed on many other things. During the Spanish- 
American War, for example, stamp taxes were imposed on 



NATIONAL TAXATION 



195 



bank checks, freight bills, Pullman tickets, and other 
things, but these were withdrawn as soon as possible after 
the war. 

The States are by the Constitution forbidden to lay any 
duties on imports. 1 Nor do the States as a rule lay excise 
taxes upon the manufacture of liquor and tobacco, 
although they might lay such taxes if they wished to do 
so. Thus you see that the States do not interfere with 
the two chief sources of the national revenue — the cus- 
toms duties and the excise taxes. 

On the other hand, the national Government does not 
ordinarily lay taxes on real estate, personal property, in- 
comes, franchises ; nor does it impose poll taxes ; and only 
in rare instances license taxes. These, as we have seen 
(see chapter VII), are the chief sources of our State and 
local revenues. We see, therefore, that the methods by 
which the Government of the nation and the Governments 
of the States secure their respective revenues are usually 
quite distinct. This has its advantages, for if taxes were 
laid by both Governments on the same things, it might 
result sometimes in excessive taxation. 

143. The principles of national taxation. In the exercise 
of its taxing power, the Constitution places two important 
restrictions upon the national Government. In the first 
place, direct taxes must be apportioned among the States 
according to their population. The result of this restriction 
is that Congress has seldom attempted to levy a direct 
tax/ It is far too difficult to apportion such a tax among 
the States. For example, suppose Congress should at- 
tempt to lay a tax on land. This would be a direct tax, 
for the owner of the land would himself bear the tax. 

^oth the States and the national Government are prohihited from 
laying duties on exports from the United States. 



196 HOW WE ARE GOVERNED IN THE NATION 

This tax would have to be distributed among the forty- 
six States according to their population. This would re- 
quire a different rate of taxation in each of the States and 
an army of officers to superintend its collection. 

The second principle of taxation required by the Con- 
stitution is that "all duties, imposts, and excises shall be 
uniform throughout the United States." This means that 
Congress may not levy a duty on imports brought into 
New York and refuse to levy the same duty on similar 
imports brought into Norfolk or San Francisco. No pre- 
ference can be given to the ports of one State over those of 
another. Nor may Congress impose an excise tax on one 
manufacturer of liquors or tobacco and refuse to impose a 
like excise on another manufacturer of similiar articles. 

144. Who controls the nation's finances. The Constitution 
provides that Congress alone shall have the power to levy 
taxes; and Congress, as we shall see (see page 201), is 
composed of representatives of the people chosen in the 
several States of the Union. Moreover, tax bills must 
be proposed in the lower house of Congress, which, as we 
shall learn, represents the people more directly than does 
the upper house. It is a great protection to the people 
under any Government, if taxes can be imposed upon them 
only by their representatives to whom they have given 
this power. 

Congress must also provide for expending the money 
raised by taxation. No officer of the Government may 
pay out any portion of the- public funds unless he receives 
his authority to do so by an act of the national legislature. 
Bills which provide for expending the money of the nation 
are known as "appropriation bills." 



NATIONAL TAXATION 197 



QUESTIONS FOR CLASS DISCUSSION 

1. Who is the postmaster at your post-office? Who pays him for 
his services? Is there a rural free delivery in your community? 
Who pays the carrier for his services? How is postal service sup- 
ported? 

2. Who pays for the support of our army? For the building of 
our battleships? For the construction of coast defences, like 
Fortress Monroe? Who pays the salaries of the President, the 
members of Congress, our diplomatic representatives, and all the 
other officers of the national Government? Mention other services 
undertaken by the United States Government which require large 
expenditures of money. How is this money secured? Explain. 
then, how we as a people are benefited by the taxes paid to the 
national Government. 

3. Find out from your father whether he pays any taxes directly 
to the national Government. 

4. What are imports? Suppose an importer buys gloves in Lon- 
don for one dollar a pair and pays on each pair imported to the 
L nited States a duty of sixty cents ; what would these gloves prob- 
ably sell for in American shops? Suppose you buy a pair of them, 
who pays the duty of sixty cents? Do you realize that you are 
paying it? Do you pay it directly to the Government? Who pays 
it to the Government collector? What kind of tax is this called, 
and why? 

5. Why does the United States Government place large duties on 
imports? Why is this called a "protective tariff"? Explain fully 
how our protective tariff encourages home manufactures. 

6. Have you ever seen a Government stamp on a cigar box? 
Flow is this stamp placed, and what does it mean? On the manu- 
facture of what article besides tobacco are excise taxes levied? 
Why does the national Government place taxes on the manufacture 
of these articles? 

7. Suppose it costs a manufacturer two dollars to make a box of 
cigars, and suppose the Lnited States Government places an ex- 
cise tax of fifty cents on each box that he makes; what would this 
box probably sell for in the shops? Who pays the tax of fifty 
cents? What kind of tax is this called, and why? 



198 how we are governed in the nation 

8. Explain how our national Government and our State Govern- 
ment secure their revenues from different sources. What is the 
advantages of this? 

9. What are the two great principles of national taxation? What 
difficulty would the Government of the United States meet if it 
laid a tax on real estate? Suppose a New York importer pays a 
duty of $3 a yard on lace worth $5 a yard; what duty will a Nor- 
folk or Newport News importer pay for the same lace? 

10. Who has the power to impose these duties and taxes? Who 
provides for expending the money that is raised by these means? 



CHAPTER XXI 

HOW THE NATIONAL LAWS ARE MADE 

145. The two houses of Congress. During the brief 
period of our history from 1781 to 1789 when we were 
governed under the Articles of Confederation, the laws 
of the nation were made by a Congress consisting of a 
single body. Our national Constitution, which was adopted 
in 1789, provides for a legislature composed of two houses, 
one of which is known as the House of Representatives and 
the other as the Senate. In order for any measure to be- 
come a law, it must be passed by both of these houses 
of Congress. Thus the makers of our Constitution sought 
to prevent laws from being made without due care and 
deliberation. 1 

146. How the States are represented in Congress. In the 
Congress that existed during the period of Confederation, 
each State was entitled to cast only one vote, without re- 
gard to its population or the number of representatives 
that it had in Congress. As a result of this, the small 
State of Delaware had as much power in making the laws 
of the nation as Virginia, which was then the largest State 
of the Union. At the time of the framing of our present 
Constitution, the smaller States wished to continue this 
equal representation of the States in Congress. The large 
States, however, wanted the States to be represented in 

^he framers of the Constitution were influenced by the fact that 
the British Parliament, which is the law-making body of Great 
Britain, consists of two houses, while most of the colonial legisla- 
tures had likewise been composed of an upper and a lower house. 

199 



200 HOW WE ARE GOVERNED IN THE NATION 

proportion to their population, for this would increase 
their power in the national legislature. When it was de- 
cided that Congress should consist of two houses, the 
difficulty was readily overcome ; the large States were 
given what they desired in one house and the small States 
in the other. It was provided that in the House of Repre- 
sentatives each State should be represented according to 
its population ; in the upper house each State was given 
the same number of senators. 

1. The House of Representatives. Each State is by the 
Constitution permitted to choose members for the House 
of Representatives in proportion to its population. 1 For 
the purpose of electing congressmen — as members of the 
House of Representatives are usually called — each State 
is divided into congressional districts, and one congress- 
man is elected by the voters of each district. At present 
Virginia has a population which entitles the State to ten 
congressmen. There are, therefore, ten congressional dis- 
tricts in Virginia. You must not suppose, however, simply 
because congressmen are elected by districts, that they 
represent their districts in Congress. Every representa- 
tive should keep before him the interests of the entire 
nation ; he should not feel that he represents only the 
limited number of people who elected him. 

Provision is made in the Constitution for ascertaining 
the number of people in each State by taking a census 
every ten years. After each new census Congress has to 
determine how many representatives each State is to have 
in accordance with the new record of its population. This 
is called reapportioning the representation of the States. At 
this time some States are given additional representatives 

before the abolition of slavery every five slaves were counted as 
three whites in determining the population of the slave States. 



tJ*c+ W 




202 HOW WE ARE GOVERNED IN THE NATION 

because of their large increase of population since the 
preceding" census. Moreover, a State may, in the reappor- 
tionment, be deprived of one or more of its representatives, 
but in practice this is usually avoided. 

At present each congressman is elected by a population 
of about two hundred thousand people. If, however, a 
small State has less than this population, it must be given 
at least one representative. The Constitution does not 
place any limit upon the size of the House of Representa- 
tives. At present it numbers nearly four hundred mem- 
bers. 

2. The Senate. In the United States Senate each State, 
without regard to its population, is entitled to two senators. 
The result is that Nevada, with a population of less than 
fifty thousand, has the same representation in the Senate 
as the State of New York with a population of more 
than ten millions. 

Senators are not elected by the people as are the mem- 
bers of the lower house ; they are chosen by the legislatures 
of the various States. There are many disadvantages in 
choosing senators by this method. The position of sena- 
tor is usually much sought after, for it carries with it 
great dignity and influence. In consequence, the members 
of our State legislatures are often chosen solely with 
reference to how they will vote on the choice of the United 
States senator. Our State law-makers ought to be chosen 
wholly with reference to their ability to make proper laws 
for the State. 

For thirty years efforts have been made to change this 
method of electing United States senators. This would 
require an amendment to the national Constitution, and 
as we have seen, amendments can be passed only with 
great difficulty. (See page 176.) Some States have adopted 



HOW THE NATIONAL LAWS ARE MADE 203 

the plan of choosing in advance the candidate for whom 
their legislature must vote. This is accomplished by hold- 
ing a primary election at which the voters of the State 
declare their choice of the various candidates for United 
States senator. When the legislature meets after such a 
primary, it has only to vote formally for the candidate who 
was elected at the primary. 1 In other States the senatorial 
candidate of a particular political party is nominated at a 
party primary held for that purpose. (See page 150.) 
When the legislature of the State comes together, the 
legislators who belong to the party that held the primary 
vote for the candidate thus chosen. The senator from 
Virginia chosen in 1905 was nominated in this manner at 
a Democratic primary. He was afterward elected by the 
General Assembly, a majority of whose members were of 
the Democratic party. 

147. The term of office of members of Congress. Mem- 
bers of the House of Representatives are chosen every 
two years in November. Each representative, therefore, 
serves for a term of two years. If he returns to Congress 
for another term, he must be re-elected by the voters of his 
district. Representatives are sometimes re-elected for 
many terms. In some instances the same congressman 
has been chosen continuously by his district for twelve or 
fifteen terms. 

A senator holds his seat for six years. Unlike the House 
of Representatives, the entire Senate is not renewed at the 
end of the senatorial term. Instead of the whole number 

1 Such a primary was held in Oregon in 1907. A majority of 
those voting at the polls cast their ballots for the candidate of the 
Republican Party. When the State legislature met, it was found 
that a majority of its members were of the Democratic Party. A 
curious result followed. The Democratic legislature elected a 
Republican senator because the people of the State had made him 
their choice at the primary. 



204 H0W WE ARE GOVERNED IN THE NATION 

of senators being chosen every six years, one-third of 
them are chosen every two years. By this means it is 
impossible for more than a third of the Senate to con- 
sist of new members, for the other two-thirds always hold 
their positions over from one session of Congress to 
another. Moreover, many of the Senators are re-elected 
at the end of their terms of office. The Senate, in con- 
sequence, consists of a body of men most of whom have 
held their seats for a long period of time. This gives 
a permanence of character to the Senate which the House 
of Representatives lacks because of the many changes that 
are made every two years. 

148. Who may be chosen members of Congress. The Con- 
stitution requires that senators and representatives shall 
be citizens of the United States and inhabitants of the 
State from which they are chosen. Senators must be at 
least thirty years old and congressmen at least twenty-five 
years old. Usually, too, a congressman must reside in 
the district in which he is elected, although this is not 
required by the Constitution. 

In general only men of intelligence and high character 
are chosen to be members of the national Congress. 
Nearly always a majority of them are lawyers of ability. 
As you may imagine, the longer a congressman or senator 
holds his seat in Congress the more influential he becomes. 
Ordinarily a representative who holds office for a single 
term of two years and is not re-elected does not wield a 
large amount of influence in the law-making body of the 
nation. 

149. How Congress is organized. Each house of Con- 
gress has the power to determine how it shall be organized 
for business, and whether those who claim to be mem- 
bers have been properly chosen. Each house elects its 



HOW THE NATIONAL LAWS ARE MADE 205 

own officers, with the single exception that the Vice- 
President of the United States must be the presiding officer 
of the Senate. 

The House of Representatives chooses for its presiding 
officer one of its own members. This officer is called the 
Speaker. He is not mentioned in the national Constitu- 
tion ; but owing to the powers which have been given him 
by the House, the Speaker is today the most powerful 
officer of the national Government next to the President 
of the United States. He is usually the strongest man in 
the political party which has elected a majority of the mem- 
bers of the House. He has the power to appoint the 
standing committees of the House, through which, as we 
shall see, every proposed measure must pass. He has the 
power also to recognize or refuse to recognize any mem- 
ber of the House who desires to introduce a bill or to 
speak on a measure that has been proposed. He can 
thus give preference to those whom he wishes to hear 
and can prevent his opponents from being heard before 
the House. Moreover, he has such control over the order 
of business in the House that he can practically "kill" any 
proposed measure by refusing to let it come to a vote. 
Thus, you see, large powers indeed are placed in the hands 
of the Speaker of the House of Representatives. 

150. The committee system in Congress. If you have 
ever visited the House of Representatives during a session 
of Congress, you must have been impressed by the general 
noise and disorder that prevails. It seems almost as if 
no business at all is being transacted. Many of the mem- 
bers are absent from their desks. Those who are present 
are reading newspapers, or writing, or walking about, or 
conversing with one another. Usually some member is 
speaking, but scarcely anybody is listening to him. It 



206 HOW WE ARE GOVERNED IN THE NATION 

is only upon exceptional occasions that all the members 
are in their seats giving close attention to the speeches 
that are being made. How is it, you ask, that so many 
important measures can be passed by this House under 
such circumstances? It is because the real business of 
the House is being carried on in the committee rooms. 

When Congress comes together, and the Speaker has 
been elected, his first duty is to appoint a number of 
standing committees. Each of these committees has for 
its consideration measures that relate to one particular 
branch of the national Government's work. Every mem- 
ber of the House of Representatives is eager to have the 
Speaker make him a member of some important com- 
mittee ; for it is in the committee room that a congress- 
man does his real work and becomes a power in making 
the laws of the nation. The Speaker usually appoints the 
chairman and a majority of each committee from the mem- 
bers of his own party. 

* In the Senate the standing committees are not appointed 
by the presiding officer: they are elected by the Senate. 
Here, too, the majority of each committee are usually 
members of the leading political party. 

151. How a measure becomes a law. At each session of 
Congress an enormous number of measures are introduced 
in each house. As a matter of fact, not one in ten of these 
measures ever becomes a law. If each member were per- 
mitted to introduce any measure that he chose and have 
it immediately debated before the house, almost nothing 
would be accomplished. Hence the committee system 
has been adopted. When a measure is introduced by any 
member, it is referred at once to an appropriate commit- 
tee. The committee considers the proposition carefully 
and perhaps revises it. Later the committee reports the 



HOW THE NATIONAL LAWS ARE MADE 207 

measure to the house in which it was introduced, and ad- 
vises that it be enacted or rejected. Important bills, after 
they have been reported by a committee, are discussed 
in the house, and frequently they are changed, or amended 
as it is called. Ordinarily, however, the house relies 
largely upon the report of the committee and passes or 
rejects the bill according to its recommendation. 

This method of handling the business of Congress by 
means of committees makes it possible for a large number 
of bills to be considered. More than two thousand have 




New Office Building of the House of Representatives 



sometimes been passed by a single Congress, and probably 
ten times that number of meausures are proposed and re- 
ferred to the various committees. It must be remembered, 
however, that when any bill is passed through either house 
of Congress, it must go through a similar process in the 
other house, and later it must be submitted to the Presi- 
dent for his signature. (See page 214.) 

152. The meetings of Congress. Every year, on the first 
Monday in December, Congress comes together. The 
election of members to the House of Representatives takes 



208 HOW WE ARE GOVERNED IN THE NATION 

place all over the United States in November of the even- 
numbered years. In theory each Congress begins its life 
on the fourth of March following this election and re- 
mains in existence for two years. In practice Congress 
usually comes together in December of the next year and 
continues in session until some time during the spring, 
adjourning usually in May or June. This first session of 
every newly elected Congress begins, therefore, in De- 
cember of the odd-numbered years and is known as its 
long session. The second and last session of every Con- 
gress begins in December of the even-numbered years 
and comes to an end on the third of March following ; 
this is known as its short session. 1 In addition to these 
regular sessions, extra sessions are sometimes called by 
the President of the United States. 

Congress meets in the national Capitol, " a magnificent 
structure located in the city of Washington. In the north 
wing of this building is the chamber of the Senate ; in 
the south wing, that of the House of Representatives. In 
recent years the Capitol was thought to be too small to 
accommodate the members of Congress and its numerous 
committees, and Congress provided for the erection of 
two splendid office buildings on either side of the Capitol, 
one for the use of senators and the other for the use of 
congressmen. 

The Capitol stands in the midst of beautiful park laid 
out with grass plots, trees, and shrubbery. Spacious 
avenues lead up to it from all parts of the city. As you 
stand upon its dome, these avenues seem to radiate from 
the Capitol like the spokes of a wheel. 

*To illustrate: The members of the Sixtieth Congress were 
elected in November, 1906. This Congress assembled for its first, 
or long, session in December, 1907. Early in June, 1908 this ses- 
sion adjourned. The second, or short, session of the Sixtieth Con- 
gress began in December, 1908, and came to an end March 3, 1909. 



HOW THE NATIONAL LAWS ARE MADE 



QUESTIONS FOR CLASS DISCUSSION 



209 



1. Find out the number of the congressional district of Virginia 
in which you live. Find out, if you can, the name of the present 
congressman from your district. When was he elected? How 
many terms has he served? When will the next congressional 
election be held? Will your congressman be elected at the same 
time that congressmen will be chosen in other districts of Virginia 
and in the other States of the Union? 

2. How many congressmen has Virginia? Explain why Vir- 
ginia has this number, while New York, for instance, has many more, 
and Delaware many less. Who determines the number of congress- 
men that each State shall have? How often is this matter deter- 
mined? When will the next reapportionment take place? 

3. How many senators has Virginia? How many have the other 
States? Find out the names of the present senators from Virginia. 
How long has each of them served? How were they chosen? 
Find out, if you can, when each of them was last chosen to the 
Senate, and how long each of them has yet to serve. When, then, 
will Virginia choose another senator? Will one or two be chosen? 
Why? Explain how our senator last chosen was nominated. How 
will our next senator probably be nominated? Why? 

4. How many members has the Senate? Why? How long is 
their term of office? Are all of them chosen at the same time? 
Explain, then, how the Senate is only partly renewed from session 
to session of Congress. What advantage has this? Explain how 
some of the States in reality choose their senators by popular vote. 
Why are senators not chosen by direct popular vote? How could 
this change be brought about? Why is it not made? What advan- 
tage would it have? 

5. What advantage is there in having two houses of Congress? 
Explain how the people are represented on a different basis in each 
house. Why was this plan adopted? 

6. Who presides over the Senate? Over the House of Repre- 
sentatives? What powers has the Speaker? How is he chosen? 
Who is the present Speaker of the House? 

7. Why was the committee system adopted in Congress? How 
are the committees chosen in each house? Explain how every 
measure must pass through either house of Congress. Explain in 



210 HOW WE ARE GOVERNED IN THE NATION 

full, then, how every law is made. What advantages has this 
system ? 

8. How long does each Congress exist? How many regular 
sessions does each Congress hold? When do the sessions begin 
and how long do they last? What is meant by the "long" and the 
"short" session of Congress? 

9. Is Congress in session at present? If not, when will it assem- 
ble? Will this be for the long or the short session? How do you 
know? 

10. Where does Congress meet? Have you ever seen the Capitol? 
Describe it. (See page 154.) Have you ever attended a session of 
either house of Congress? Tell the class what you saw. Describe 
the Hall of the House of Representatives. (See page 201.) 



CHAPTER XXII 

HOW THE NATIONAL LAWS ARE PUT INTO 
OPERATION 

153. The executive officers of the nation. The Consti- 
tution does not intrust the State officers with the power to 
put the laws of the nation into operation. It provides that 
the national laws shall be executed by a separate body 
of officers, with the President of the United States at 
their head. Congress has provided by law what officers 
in addition to the President are necessary for carrying 
out the law r s. These officers constitute the executive de- 
partment of the national Government. 

154, How the President is chosen. 1 Perhaps you may 
not know that when we go to the polls for the election of 
a President and Vice-President, we do not vote directly 
for the candidates for these offices. We cast our votes 
for a number of officers known as presidential electors. 
The Constitution provides that each State may choose as 
many electors as it has representatives and senators in 
Congress. The whole number of electors in any State is 
known as its electoral college. Under this system, Vir- 
ginia chooses at each presidential election twelve electors, 
for Virginia has, as we have seen, ten representatives 
and two senators. 

A After the first few presidential elections, it was apparent that the 
original plan of choosing the President and Vice-President of the 
United States was a failure. In 1804, by the adoption of the 
twelfth amendment, our present plan of election was established. 
See page 178. 

211 



212 HOW WE ARE GOVERNED IN THE NATION 

In each State the proper number of electors are chosen 
at the polls in November of every fourth year ; and in 
each State these electors come together the following 
January to vote for a President and Vice-President of 
the United States. They send the result of their vote to 
AYashington, where the votes of the electors in all the 
States are counted. The original idea contained in this 
method of naming the President was that the electors 
chosen in the several States w r ould be men of greater 




The White House 
Residence of the President of the United States 

ability than the average voter, and that they would be 
better able, therefore, to choose a suitable President and 
Vice-President. As a result of the control which political 
parties have over these elections, the electoral colleges 
have been robbed of this important power. Let us see 
how this is brought about. 



HOW THE NATIONAL LAWS ARE EXECUTED 213 

In its national convention (see page 235), each of the 
political parties nominates one candidate for President 
and another for Vice-President. A party convention is 
held also in each of the States, and the proper number of 
electors for the State are nominated by this convention. 
When we go to the polls, we are given a ballot which 
contains the lists of electors nominated in this fashion by 
each of the parties, and we cast our ballot for the electors of 
our party. But these electors have no independent choice at 
all. They must, upon being elected, vote for the candidates 
which their party has nominated at its national convention. 
No elector would dare vote for any other. While we 
still continue to cast our vote at the polls not directly 
for President and Vice-President but for electors, this has 
become a mere form. We actually vote for the candidates 
of our party ; for if the electors of our party are victorious 
in our State, they cannot in the electoral college cast their 
votes for any other candidates. So little part do the elec- 
tors have in choosing the President that the average 
voter scarcely knows or cares who they are. 

One other point we should bear in mind. When the 
votes of the electors are counted at Washington, each 
State is counted as having one vote for each elector to 
which it is entitled. The entire electoral vote of any one 
State is, however, usually cast for the candidate of one 
political party, even though the parties in the State are 
divided nearly evenly. For example, if the Democratic 
party in Virginia has only a small majority of voters over 
the Republican party, the Democratic electors will be 
chosen at the polls instead of the Republican electors; 
and they will cast all of Virginia's twelve electoral votes 
for the Democratic candidates for President and Vice- 
President. 



214 HOW WE ARE GOVERNED IN THE NATION 

The whole number of electoral votes is nearly five hun- 
dred, for there are in Congress ninety-two senators and 
nearly four hundred representatives. 

155. The President's term of office. The President and 
Vice-President of the United States are elected for a term 
of four years, beginning on the fourth of March following 
the choice of electors in November. Many of our Presi- 
dents have been re-elected for a second term, but it is 
now a well established custom that no President will stand 
for re-election for a third term. 

156. The powers of the President. The Constitution and 
the laws of Congress grant many important powers to 
the President and impose upon him many important duties. 
Perhaps it will be well for us to classify the powers and 
duties of the President. 

1. The President's power over legislation. At the opening 
of each session of Congress, the President sends to the 
national legislature a message in which he discusses the 
condition of the country and recommends the passing of 
certain laws. Sometimes during the session he sends 
further messages to Congress, and at all times he keeps 
closely in touch with the leaders of Congress and the 
members of its committees, advising with them as to the 
framing of bills to be presented. In this manner he exer- 
cises great influence in the making of our national laws. 

When a bill has finally passed both houses of Congress, 
it must be sent to the President for his signature. The 
Constitution gives him ten days in which to consider the 
bill. If at the end of that time he has taken no action, 
the measure becomes a law without his signature. 1 Be- 

*If, after a bill has been presented to the President, Congress 
adjourns before the expiration of ten days, the bill does not be- 
come a law without the President's signature. This is known as 
the "pocket veto." 



HOW THE NATIONAL LAWS ARE EXECUTED 215 

fore the expiration of these ten days, however, the Presi- 
dent may veto the bill and return it to Congress with his 
reasons for refusing to approve it. If Congress passes the 
bill again by a majority vote of two-thirds in each house, 
the measure becomes a law in spite of the President's dis- 
approval. It is usually very difficult, however, to secure 
the two-thirds vote necessary to "over-ride" the President's 
veto. 

During the summer and fall months, when Congress is 
not in regular session at Washington, the President, is 
sometimes convinced that measures of importance should 
be immediately enacted into laws. At such times he has 
authority to call a special session of the national legislature. 

2. The President's power to appoint other officers. The 
President and Vice-President are the only national exec- 
utive officers elected by the people. All the other officers 
are appointed. The most important of these, as for in- 
stance the heads of departments, ambassadors and minis- 
ters, judges, and postmasters, are nominated by the Presi- 
dent and approved by a vote of the Senate. A few officers 
are appointed by the President alone. In addition to these, 
a vast number of less important officers and employees 
are appointed by competitive examinations held under the 
direction of a board known as the Civil Service Commission. 

In nominating most of the important officers of the 
national Government, you must not think that the Presi- 
dent can always act with independence. He is influenced 
and controlled largely by the wishes of the members of 
Congress. Especially is this true in the appointment of 
such officers as judges, postmasters, and customs officers, 
who serve at posts throughout the entire United States. 
Senators and congressmen usually have great influence 
with the President in such appointments. 



216 HOW WE ARE GOVERNED IN THE NATION 

S. The President's power to remove other officers. The 
President must see that the laws of the nation are faith- 
fully executed. It is his duty, therefore, to see that the 
other executive officers are properly performing their work. 
This would be impossible unless the President had the 
power to remove from office those who were inefficient, 
or who refused to carry out the' law or his orders. With 
the exception of a period of about twenty years, the Presi- 
dent has always exercised this important power of removal. 




A New Year's Reception at the White House 

Showing thousands of persons in line entering the White House 

on the occasion of the President's public reception held every 

New Year's Day. The large building in the foreground 

is occupied by the State, War, and Navy Departments. 

Officers are removed by the President not only to secure 
better service in the Government but sometimes also in 
the interest of political parties. Whenever a new Presi- 
dent is elected by a party which has been out of power, 



HOW THE NATIONAL LAWS ARE EXECUTED 217 

it is usual for a large number of the more important 
officers either to resign or to be removed from office by 
the President. Their places are then filled by members 
of the political party which has come into control of the 
Government. 

4- The President's power over foreign affairs. The Presi- 
dent has the power, with the consent of the Senate, to ap- 
point those diplomatic officers who are sent to represent 
us in foreign countries. It is he, also, who receives the 
diplomatic representatives sent to the United States. As 
we have already seen, he has the power to draw up 
treaties with foreign nations, although these must after- 
wards be approved by a two-thirds vote of the Senate. 
Thus the President as the chief officer of the nation plays 
an important part in the conduct of our relations with 
foreign nations. 

5. The President's power over the army and navy. By the 
Constitution the President is made commander-in-chief of 
the army and navy. This gives him large control over 
the appointment of army and navy officers and over the 
movements of our land forces and vessels of war. Con- 
gress has given him the power to call out the State militia 
in time of public danger (see page 161); and the Consti- 
tution places him also at the head of these forces when 
they are called into the service of the nation. 

6. The President's pardoning power. The President has 
the power to pardon those who have committed offenses 
against the laws of the United States. This power is 
given to the President for the same reason that the Gover- 
nor of our State is given the power to pardon those who 
have committed offenses against the laws of .Virginia. (See 
page in.) 



218 HOW WE ARE GOVERNED IN THE NATION 

157. The importance of the President's powers. You 

have probably noticed that many of the President's 
powers are similar to the powers exercised in Virginia 
by the Governor of our State. You must bear in mind, 
however, that the President exercises his powers over 
the whole United States, and the laws which he executes 
are the laws of the entire nation. Moreover, in addition 
to the ordinary powers that every Governor exercises within 
his State, the President has a large control over the 
the foreign affairs of the nation, over the army and navy, 
and over the appointment and removal of the executive 
officers of the nation. He occupies, therefore, a more im- 
portant position in the Government of the nation than 
the Governor occupies in the Government of the State, 
He is more responsible for the proper execution of the 
national laws than is a State Governor for the execution 
of State laws. As a matter of fact, he is the most com- 
manding and powerful officer in the United States. He 
is directly responsible to the people who placed him in 
office for the faithful performance of his duties. 

The Constitution requires that the President shall be 
a natural born citizen of the United States — thus excluding 
naturalized citizens. (See page 166.) He must be at least 
thirty-five years old and must have resided in the United 
States for fourteen years preceding his election. 

In case the office of President becomes vacant for any 
cause, he is succeeded by the Vice-President. And in 
case both the President and the Vice-President are unable 
to fill the office, Congress has provided by law that the 
heads of the departments shall fill the vacancy in the fol- 
lowing order: The Secretary of State, the Secretary of 
the Treasury, the Secretary of War, the Attorney General, 
the Postmaster General, the Secretary of the Navy, and 



HOW THE NATIONAL LAWS ARE EXECUTED 



219 



the Secretary of the Interior. Five times the President 
of the United States has died in office and has been suc- 
ceeded by the Vice-President. 

158. The executive departments. In order to assist the 
President in putting the national laws into operation, 
Congress has created nine executive departments, each with 
a head, and each having under its control one branch of 
the Government's work. For the convenience of the 
work, these departments are divided into bureaus, and over 
each bureau is an officer known as the bureau chief. Let 
us see what duties have been given to these various de- 
partments by Congress. 

1. The Department of State, under direction of the Secre- 
tary of State, attends to all the details of our foreign 
affairs. It gives instructions to our diplomatic representa- 
tives abroad and superintends all our relations with foreign 
Governments. 

2. The Department of the Treasury, under the direction 
of the Secretary of the Treasury, manages the financial 
affairs of the nation, collects its revenues, controls the mints 
and the national banks, and pays out the money authorized 
by Congress. It also superintends the life-saving stations 
along the coasts. 

3. The Department of War, under the direction of the 
Secretary of War, provides for the equipment and manage- 
ment of the army. It has charge of the money set apart 
by Congress for the support of the United States Military 
Academy at West Point, New York, where young men 
are trained for service in the army. The improvement of 
our rivers and harbors is also placed under the control of 
this department. 

Jf. The Department of the Navy, under the direction 
of the Secretary of the Navy, provides for the navy in the 



220 HOW WE ARE GOVERNED IN THE NATION 

same way that the War Department provides for the army. 
It has control of the money appropriated for the support 
of the United States Naval Academy at Annapolis, Mary- 
land, where young men are trained for service in the navy. 

5. The Post-Office Department, under the direction of the 
Postmaster General, has the entire management of the 
United States postal service. 

6. The Department of Justice, under the direction of the 
Attorney General of the United States, gives advice on 
questions of the law to the President and the other execu- 




The United States Treasury Building 

tive officers of the nation. When the United States Gov- 
ernment sues or is used in the courts, the national Govern- 
ment is represented by the Attorney General or by one of 
the United States district attorneys. (See page 231.) 

7. The Department of the Interior, under the direction 
of the Secretary of the Interior, has control over a number 
of matters relating to the affairs within the country, such as 
Indian affairs, public lands, pensions, patents, and copy- 
rights. 



HOW THE NATIONAL LAWS ARE EXECUTED 2 2I 

8. The Department of Agriculture, under the direction of 
the Secretary of Agriculture, collects information in regard 
to the agricultural conditions of the country, the improve- 
ment of roads, and similar matters. The department has no 
control over these things. It does not, for instance, pro- 
vide money for the building of roads, for this is a matter 
belonging properly to the States. The department is 
established merely to advise and assist those who desire 
information. It has control also over the weather bureau 
and the Government forest reserves. 

9. The Department of Commerce and Labor, under the 
direction of the Secretary of Commerce and Labor, en- 
courages the promotion of commerce, mining, and manufac- 
turing. It collects information in regard to these things and 
concerning the conditions of labor within the country. 
This department also is established for the purpose of giv- 
ing advice and assistance to those who desire it. In addi- 
tion to this it has charge of the taking of the census, super- 
vises immigration, and manages the lighthouses along the 
coasts. 

All of these executive departments are located in Washington, 
where large and imposing buildings have been erected for their 
use. Thousands of officers and clerks are employed in carrying on 
the work of the departments. Man of these reside permanently in 
Washington. Others are scattered in all parts of the country, as 
for instance, the customs and internal revenue officers of the 
Treasury Department, the postmasters and clerks of the Post-Office 
Department, the district attorneys of the Department of Justice, 
the agents of the weather bureau and the forest service of the De- 
partment of Agriculture, and the census officers and immigration 
officers of the Department of Commerce and Labor. 

159. The President's cabinet. The heads of the nine 
executive departments act as the President's advisers. He 
may consult them either in person or in writing, or he may 
call them together to consider any matter of interest 



222 HOW WE ARE GOVERNED IN THE NATION 

and importance in carrying on the work of the Govern- 
ment. He is not compelled, however, to accept their 
advice, nor indeed to consult them unless he chooses. 
These heads of departments are together known as the 
President's cabinet. 

The President usually selects the members of his cabinet 
with great care. They must be men in whom he has con- 
fidence and upon whose judgment he can rely, for' the 
President needs their opinion on many important questions. 
They constitute his executive "family." In case the Presi- 
dent is dissatisfied with any member of his cabinet, he has 
absolute power to remove him from office. 

QUESTIONS FOR CLASS DISCUSSION 

i. Do the officers of our State government put the national laws 
into operation? If not, how are the national laws enforced? Ex- 
plain why the national executive officers are necessary. 

2. Who is now President of the United States? When was he 
elected? How long has he yet to serve? Can he be re-elected at 
the end of his present term of office? 

3. What is meant by presidential electors? How are they nomi- 
nated? How are. they elected? What is their duty? Do you 
know of any one who has ever been a presidential elector? Why 
do we take so little interest in the choice of presidential electors? 
Explain fully the original idea of the electoral college. Have the 
electors any independent choice in casting their vote for President 
and Vice-President? Explain how, in spite of the fact that we cast 
our vote at the polls for presidential electors, we in reality vote for 
one of the candidates for President. 

4. How many electoral votes has Virginia? Why? Explain 
how the entire electoral vote of Virginia will be cast for the Demo- 
cratic candidate even though the Democratic party may cast only a 
small majority of the votes in the State. 

5. Why is the President required to send a message to Congress? 
What is meant by his veto? How may it be ''over-ridden"? 
When may the President call a special session of Congress? Does 



HOW THE NATIONAL LAWS ARE EXECUTED 223 

the President have any influence in the making of our national 
laws? 

6. What officers of the national government are elected by the 
people? How are the other important officers chosen — the heads 
of departments, for instance, the ambassadors and ministers, the 
judges, the postmasters? How are most of the less important 
officers chosen? Suppose the President wishes to nominate the 
postmaster in your community, how would he probably get the 
names of suitable candidates for this position? How would the 
appointment be made? How is the President influenced in the 
nominations which he makes to the Senate? 

7. Why is it necessary that the President should have the power 
to remove cabinet and other officers? What share does the Presi- 
dent have in making our treaties with foreign countries? What is 
his position in the army and navy? 

8. Who may be chosen President of the United States? In case 
of the President's death, who succeeds him? In case of his suc- 
cessor's death, who would become President? 

9. What is meant by the executive departments? How many de- 
partments are there? Give some idea of the business undertaken 
by each of these departments. 

10. What is meant by the President's cabinet? What are the 
names of some of the present cabinet officers? Who appointed 
them? Who may remove them? 



CHAPTER XXIII 

HOW THE NATIONAL LAWS ARE EXPLAINED 
AND APPLIED 

160. Why the national courts are neccessary. We have 
already learned that in our State Government a complete 
system of courts is established ; and we have seen how 
these courts apply the laws in particular cases and thus 
protect us in our rights and liberties. (See chapter XII.) 
Now you can readily understand the difficulties that would 
arise if the State courts throughout the length and breadth 
of our land were given the sole power to explain and apply 
the laws of the nation. Courts in different States would 
explain the national laws quite differently. Sometimes 
they might be unfriendly to the laws passed by Congress 
and might refuse to enforce them. In order to avoid this 
confusion and weakness, the Constitution provides for a 
system of national courts which are wholly independent of 
the State courts. These courts constitute the judicial de- 
partment of the national Government. 

161. The system of national courts. The Constitution 
says that there shall be one Supreme Court of the United 
States and as many other courts as Congress may see fit to 
establish. Congress, therefore, has by law determined 
what national courts shall be established in addition to the 
Supreme Court, and how many judges shall be appointed 
for each court, including the Supreme Court. Let us see 
the various national courts which have been provided for 
by Congress. 

224 



HOW THE NATIONAL LAWS ARE APPLIED 



225 



1. The United States Supreme Court. At present the 
Supreme Court consists of nine judges, or justices as they 
are called. One of these, the Chief Justice, presides over 
the court. . No case can be heard by less than six of these 
justices, and a majority of those hearing the case must 
agree upon every judgment that is made. Almost the 
entire work of this Court consists in hearing what is known 
as appealed cases. These are cases that have already been 
tried in the lower United States courts or in the courts of 
one of the States, and have been properly brought up, or 
appealed, to the Supreme Court for a final determination. 

The United States Supreme Court is the highest court 
of our nation and is perhaps the most powerful court in 
the world. Its justices are men of great learning in the 
law and of integrity and character above reproach. A seat 
upon the Supreme Bench, as it is called, is one of the high- 
est honors in the gift of the nation. Every boy and girl 
in Virginia should be proud to reflect that the greatest jus- 
tice this Court has ever known was John Marshall of Vir- 
ginia. From 1801 until the time of his death in 1835 he 
presided over the Supreme Court as its Chief Justice. In 
the opinions which he handed down during these years, 
he explained more clearly than any one else the real mean- 
ing of our national Constitution, and the true nature of the 
federal Government which it created. 

The Supreme Court holds its sessions in the Capitol 
building at Washington usually from October until May. 
It is a solemn, dignified, and impressive court of justice. 
During the sitting of the court the justices wear long 
black gowns. 

S. The Circuit Courts of Appeals. Congress has provided 
that for judicial purposes the entire country shall be 
divided in nine circuits, a number of States being included 



226 HOW WE ARE GOVERNED IN THE NATION 

in each circuit. In 1891 there was established in each of 
these circuits a Circuit Court of Appeals. These courts hear 
cases appealed from the lower United States courts, and 
in many instances they have the power to determine these 
cases finally, without any further appeal to the Supreme 
Court. These Circuit Courts of Appeals were established 
to relieve the Supreme Court of a part of its work. Under 
the old organization of the courts, so many cases* had been 
appealed to the Supreme Court that in 1890 it was already 
several years behind in its work. 

3. The Circuit Courts. Long before the establishment 
of the Circuit Courts of Appeals, a court known as the 
Circuit Court was provided for each of the nine judicial 
circuits. The Circuit Courts sit first in one place, then in 
another within their circuits, and hence the name '"circuit'* 
court. Congress has determined what cases may properly 
come before these courts. Virginia, together with Mary- 
land, West Virginia, North Carolina, and South Carolina, 
is in the fourth judicial circuit of the nation. 

Jf. The Distinct Courts. The lowest and most numerous 
branch of United States Courts are the District Courts. 
In each State and Territory Congress has provided for one 
or more judicial districts, and in each district there is a 
United States District Court, having the power to try 
classes of cases prescribed by Congress. There are in all 
about eighty of these District Courts in the United States. 

Virginia is divided into two of these national judicial 
districts known as the Eastern and the Western Districts 
of Virginia. The court of the Eastern District sits from 
time to time in Richmond, Norfolk, and Alexandria. The 
court of the Western District sits in Lynchburg, Danville, 
Roanoke, Abingdon, Big Stone Gap, Charlottesville, and 
Harrisonburg. 



228 HOW WE ARE GOVERNED IN THE NATION 

Thus, you see, there are four kinds of national courts — 
(i) a Supreme Court, (2) nine Circuit Courts of Appeals, 
(3) nine Circuit Courts, and (4) about eighty District 
Courts. With the exception of the Supreme Court, most 
of these United States courts sit within the limits of some 
State. You must bear in mind, however, that they are en- 
tirely distinct from the courts of any State, and that, for the 
most part, they hear cases which cannot be brought before 
the State courts. 

162. What cases may be brought before the national 
courts. The Constitution describes in detail the different 
kinds of cases which may properly be brought before the 
courts of the United States. It is unnecessary for us to 
note all these different classes of cases, for some of them are 
of no great importance. It is of far greater value to us 
to understand in general that the national courts consider 
one important class of cases, and the State courts another 
important class. 

In the first place the national courts may determine all 
cases arising under the Constitution, the laws, and the 
treaties of the United States. If, for instance, a man claims 
that his patent or his copyright (see page 167) has been vio- 
lated by another man, he brings his suit in a national court, 
for these are rights in which he is protected by the laws of 
Congress. Again, if a person is accused of counterfeiting 
United States money, or of stealing from the United States 
mails, he is tried in a national court, for these are offenses 
against the laws of the nation. Such cases as these do not 
come before the State courts; they do not require the 
application of State law but of national law. 

Cases of one other important class are brought before 
the courts of the nation. Ordinarily these courts do not 
interpret and apply the laws of any State ; this is the duty 



HOW THE NATIONAL LAWS ARE APPLIED 229 

and the privilege of the State courts. But suppose a dis- 
pute arises between two States, and one of them brings 
suit against the other. Naturally neither of the States 
would be willing to have the trial conducted in the courts 
of the other State. The Constitution provides that such a 
suit may be brought in the United States Supreme Court. 
Again, suppose a citizen of one State sues a citizen of 
another State ; or suppose a suit arises between a citizen of 
one of the States and a foreigner. In such cases as these, 
the courts of any particular State might be inclined to 
favor the citizens of that State as against outsiders. It is 
provided, therefore, that such suits may be brought in the 
national courts, even though they may require the applica- 
tion only of State law. 

There are a number of other kinds of cases which may 
come before the national courts, but these arise much less 
frequently than the two classes we have mentioned. We 
should all remember that, for the most part, the cases heard 
in the United States courts are: (1) those which require 
the application of the laws of the nation ; and (2) those in 
which, by reason of the character of the parties engaging 
in the suit, the national courts may be expected to render 
more impartial decisions than the State courts. 

163. How the Supreme Court protects the Constitution 
against the States. In addition to these cases which clearly 
fall to the national courts for determination, there is 
another numerous and important class of cases to be con- 
sidered. You will recall that the United States Constitu- 
tion places certain restrictions upon the powers of the 
States. (See page 187.) Suppose, for example., that a State 
passes a law which in reality takes a man's property from 
him without paying him justly for it. The national Con- 
stitution prohibits any State from passing such a law. You 



230 HOW WE ARE GOVERNED IN THE NATION 

see at once, that a conflict arises between the law of the 
State and the Constitution of the nation. But the Consti- 
tution is the "supreme law of the land" and must prevail 
over the State law. The situation is very complicated. 
How shall a man proceed who has been deprived by some 
State of a right in which he is protected by the national 
Constitution? This will depend somewhat upon the par- 
ticular case. It is sufficient for you to know that ordinarily 
he will bring his suit in a State court, and there he will 
seek to maintain his rights under the national Constitution. 
If the Supreme Court of the State decides that he is not 
protected by the national Constitution, he then has the 
right to carry his case before the United States Supreme 
Court. This court has the power to determine the question 
finally, and the State is compelled to obey its orders. This 
is the usual method by which we may protect ourselves 
against the unlawful exercise of powers by any State. 1 

164. How the Supreme Court protects the Constitution 
against Congress. We have just seen that the Supreme 
Court of the nation has the power to protect us against any 
State law that is forbidden by the national Constitution. 
This court also has the power to protect us against any law 
passed by Congress which is not permitted by the Consti- 
tution. As we have learned, Congress can exercise only 
those powers that are given to it either directly or indirectly 
by the terms of the Constitution. If Congress exceeds its 
powers under the Constitution, the Supreme Court will 
declare the law unconstitutional and refuse to enforce it. 
(See page 183.) 

x The eleventh amendment to the Constitution of the United 
States prohibits any citizen from bringing in the national courts a 
suit directly against any State. The officers of a State may usually 
be prevented by the national courts from carrying out a State law 
which violates the national Constitution, but the State itself may 
not be sued. 



HOW THE NATIONAL LAWS ARE APPLIED 231 

In this way the real principles of our federal Government 
have been upheld, and the division of powers which the 
Constitution makes between the nation and the States has 
been preserved. -For whenever Congress has exceeded its 
constitutional powers, it has usually exercised powers 
properly reserved to the States. The Supreme Court has 
many times refused to enforce laws which were passed by 
Congress in excess of its powers. 

165. How the law proceeds in the national courts. Cases 
are tried before the national courts in very much the same 
way that they are tried in the State courts. (See pages 
121, 122.) Most of the cases in the lower United States 
courts are tried by juries. In a civil suit, there are lawyers 
on both sides of the case, who argue the case before the 
court. In a criminal suit, the United States Government 
is usually represented by an officer known as a United 
States district attorney. It is the duty of this officer to 
prove the guilt of the person accused of crime' against the 
laws of the nation. 

166. The national judges. In addition to the nine jus- 
tices of the United States Supreme Court, there are in each 
of the nine judicial circuits from two to four circuit judges, 
and in each of the eighty judicial districts at least one dis- 
trict judges. All of these justices and judges are nominated 
by the President and confirmed by a vote of the Senate. 

Unlike the President and Vice-President, United States 
judges hold office for life, or as the phrase goes, "during 
good behavior." This method of appointing judges for 
unlimited terms has one great advantage : once appointed, 
a judge holds his office quite independently of the President 
and Congress. He does not have to seek reappointment, 
and therefore he is not controlled by politics. He can per- 
form the duties of his office with justice and fairness to all 



2$2 HOW WE ARE GOVERNED IN THE NATION 

167. How the national officers may be removed: impeach- 
ment. Suppose a President of the United States, or a 
judge of one of the national courts, or some other officer 
of the nation violates the trust imposed in him. Suppose, 
for instance, that he accepts a bribe, or betrays the nation 
to an enemy, or commits some great crime. Naturally the 
people would be unwilling to have such a man continue in 
office, and provision is made by which he may be removed. 
This is accomplished by convicting him upon what is 
known as impeachment. Impeachment is a kind of accusa- 
tion brought against a public officer. It is similar in char- 
acter to an indictment. (See page 123.) 

The national Constitution gives to the House of Repre- 
sentatives the powers to impeach any officer of the United 
States. The senate is made a court for the trial- of such an 
impeachment, and the officer who has been impeached can 
be convicted only by a two-thirds vote of the Senate. If 
convicted, he may be removed from office and forbidden to 
hold any office of trust in the future. After his removal, 
he may be tried by an ordinary court and punished like 
any other criminal. 

The House of Representatives has rarely exercised this 
power to bring impeachments. You will recall that in 
1868 President Johnson w r as impeached by the House, but 
the Senate failed to convict him on the charges brought 
against him. Only two national judges have ever been 
removed from office by impeachment. 

QUESTIONS FOR CLASS DISCUSSION 

1. Explain why the national courts are necessary, in addition to 
the courts of the States. 

2. Describe the system of national courts in the United States. 
In what circuit is Virginia? What other States are in this circuit? 
How many district courts are there in Virginia? Find out, if you 



HOW THE NATIONAL LAWS ARE APPLIED 233 

can, where these district courts meet. Why were the circuit courts 
of appeals established? 

3. Have you ever seen the Supreme Court room in the Capitol at 
Washington? If so, describe it. How many justices sit in this 
court? How often does it meet? 

4. How are the national judges appointed? For what term? 
Why? Find out, if you can, the name of our present Chief Justice. 
The names of some of the other justices on the Supreme Bench. 
Find out, if you can, the names of some of the national judges who 
sit in the district and circuit courts in Virginia. 

5. What two great classes of cases may be brought before the 
national courts? What cases come before the State courts? If 
you wished to defend some right granted to you by the national 
Constitution, how would you probably proceed? Who would 
determine your case finally? 

6. Explain how the Supreme Court protects the Constitution 
against the States. Against the powers of Congress. 

7. What is meant by impeachment? Why is it necessary? Who 
has the power to bring impeachments? How must the accused 
officer be tried? How may he be punished? Tell about the 
impeachment of President Johnson. 



CHAPTER XXIV ' 

HOW THE NATIONAL GOVERNMENT IS CON- 
TROLLED BY POLITICAL PARTIES 

168. Why political parties are necessary. We have 
already noted that very early in our history the people 
of the United States began to separate into political parties. 
Perhaps you may not understand why these parties are 
necessary. In carrying on the work of the Government, im- 
portant questions are constantly arising as to how the Gov- 
ernment ought to act in this or that matter. The people 
are interested in these questions, for the happiness of the 
nation often depends upon how they are settled. People 
usually differ in opinion as to what course the Government 
should follow. The members of one political party want 
one plan adopted; the members of another party favor 
another plan. For instance after the Spanish-American 
War, not all the people in the United States were in favor 
of our taking over the Philippine Islands. One party 
desired the acquisition of the islands, the other party op- 
posed it. 

At the polls each party tries to secure the election of its 
candidates in order that its plans may be carried out. For 
the purpose of nominating these candidates and promoting 
their election, political parties have to organize. Thus we 
see that our Government is controlled by organizations 
of the people known as political parties — organizations 
which are not a part of the Government at all. 

We have seen that in the State of Virginia each political 

234 



NATIONAL POLITICAL PARTIES 



235 



party has its State and local committees, and that these 
committees provide for holding party conventions and 
party primaries, at which their candidates for State and 
local offices are nominated. (See pages 150-152.) Each 
party has also a national committee, composed of promi- 
nent party leaders in various parts of the country. This 
national committee has general supervision over the affairs 
of the party. Let us now see how each political party 
endeavors to get control of the national Government. 

169. The national party convention. The President and 
the Vice-President are the only executive officers of the 
nation who are elected by the people. In order that the 
choice of these important officers may not be left to the 
presidential electors, it is necessary that the candidates of 
each party should be nominated before the election is held. 
(See page 213.) These nominations are made by each of 
the political parties in their national convention. 

In the United States there have usually been only two 
large parties. Some time during the summer preceding 
the presidential election each of these parties holds its 
national convention. The convention consists of delegates 
chosen by a party convention held in each of the States. 
(See page 151.) A State is entitled to send to the conven- 
tion twice as many delegates as the number of its con- 
gressmen and senators. 

On the day appointed these delegates, about one thous- 
and in number, assemble in some tremendous hall in one 
of our large cities, and they proceed to ballot for a candi- 
date for President and a candidate for Vice-President. In 
this manner are the party candidates chosen. As we have 
seen, candidates for presidential electors are nominated 
by the party conventions of each State. The electors who 
are victorious at the polls must cast their ballots for the 



236 HOW WE ARE GOVERNED IN THE NATION 

candidates for President and Vice-President nominated by 
the national convention of their party. (See page 213.) 

170. The party platform. The national- convention has 
one other important duty to perform. It draws up what 
is known as the platform of the party. This platform is a 
paper setting forth the opinions of the party on important 
questions in which the people are interested. It declares 
what the candidates of the party will and will not do if they 
are elected. Unfortunately these platforms usually contain 
promises intended only to attract voters for the party candi- 
dates. When the election is over, those who have been 
chosen to office do not always seek to carry out the 
promises which their party made in its platform. 

The party platform is published in the newspapers 
throughout the land. It is freely discussed in the speeches 
that are made during the campaign, as the period preceding 
the election is called. Each party explains and upholds 
its own platform, while it opposes and denounces the plat- 
form of the other party. 

171. How political parties control the national legisla- 
ture. Senators and congressmen are chosen in their 
respective States. The nomination of party candidates for 
these offices is, therefore, controlled by the party organiza- 
tion within the States. Since senators are elected by the 
legislatures of the States, a senator will usually be a mem- 
ber of the party having a majority of the members of the 
legislature which chooses him. (See page 203, note.) 
Sometimes the choice of a party candidate for senator is 
left to the party members of the legislature ; sometimes the 
party candidate is nominated by a State convention ; some- 
times he is nominated at a primary election. (See page 
203.) 

Since congressmen are chosen by the people in congres- 



NATIONAL POLITICAL PARTIES 237 

sional districts, the party candidate for congressman is 
visually nominated by a district convention or at a district 
primary. 

In one way or another, you see, the party manages to 
choose its candidate for every office before the election 
actually takes place. In this way the party is held together, 
for the voters do not scatter their votes on several candi- 
dates of their own party. 

172. Who may vote in national electiens. Our national 
Constitution does not lay down the qualifications for those 
who vote in national elections. This important matter is 
determined by the Constitution of each State, and different 
States require different qualifications. As a result of this, it 
sometimes happens that a person may cast a vote for Presi- 
dent or for congressman in one State, although the same 
person might not be allowed to cast such a vote if he lived in 
some other State. But, as w r e have learned, the Constitution 
places only one restriction on the powers of the States in 
this matter. Xo State can deprive any person of his vote 
because of his race, color, or previous condition of servi- 
tude. 

173. Our responsibility as American citizens. We have 
now completed our brief study of the Government of our 
State and nation. We have necessarily omitted many 
points of interest in that study. But one thing at .least 
our study should have made clear to us : that our Govern- 
ment — whether national. State, or local — is established for 
the purpose of protecting and assisting us. In many ways 
the Government affords us protection for our lives, our 
health, our property, our liberty; and in many ways it is 
daily promoting our progress and happiness and providing 
for our welfare. 

We have seen that we have in the United States a 



238 HOW WE ARE GOVERNED IN THE NATION 

federal system of Government — that is, a Government in 
which the powers are divided between the nation and the 
States. We have seen how the Governments of our State 
and nation provide in different ways for our protection and 
assistance, and how each of them is supported. We have 
seen how our State and national laws are made, how they 
are put into operation, and how they are applied. And 
finally, we have seen that both State and national Govern- 
ments are controlled by organized political parties. All 
of this complicated scheme of Government which we have 
been studying has been established by the people of the 
United States in order that they may enjoy the benefits 
which it affords. 

It is of great importance to each of us that we should 
fully realize our own part in this wonderful scheme of 
Government. It belongs to us. Our forefathers created it, 
and we have preserved it. Whether our Government is 
good or bad will depend upon you and me and upon all 
the other people of our State and nation. For this reason 
it is necessary that we should understand (1) why our Gov- 
ernment is maintained and (2) how it is operated. This 
has been the great purpose of our study. 

Every day our Government is settling important ques- 
tions which, either directly or indirectly, are of interest and 
concern to you and me. These questions are discussed 
in our newspapers; they are the subject of conversation 
among intelligent men and women. Many of them can be 
understood by intelligent boys and girls. All of us should 
be interested in them. We should try to understand them. 
But we cannot do this unless we have taken time to study 
the principles of our Government. Let each of us bear in 
mind that the Government will not run itself. If we stand 
aside, absorbed in our own affairs, and let the Government 



NATIONAL POLITICAL PARTIES 239 

take care of itself, it will surely fall into the hands of cor- 
rupt men, who will take advantage of the people's indiffer- 
ence and will use the people's money for their own ends. 
If we are to have good Government, the people — that is, 
you and I — must understand the Government. We must 
all be watchful, interested, and willing to lend a hand. 

Do you ask how each of us can assist? We can study 
the principles of our Government. We can study the ques- 
tions which our Government has to face. We can inform 
ourselves in regard to the candidates who are seeking 
office, so that we can cast our votes with intelligence. We 
can use our influence to get the best men nominated and 
elected. In peace or in war we can serve our country 
faithfully when we are called. We can pay our taxes will- 
ingly, realizing that they are necessary to the existence of 
the Government. We can obey the laws cheerfully. We 
can be honest with our fellowmen. We can be energetic 
and industrious, and thus by our own progress promote the 
progress of our community. We can at all times be con- 
siderate of the rights of others. And in many other ways 
we can show our genuine interest in the Government of 
our community, State, and nation. These are the duties 
which every good American citizen owes to himself and 
to his fellow-citizens. 

In many respects the Government of our county or city 
is closer to us than the Government of our State, and the 
Government of our State is closer to us than that of our 
nation. We must not be misled by this, for all of these 
Governments are but the parts of a great whole. Each of 
them helps us in its own way. We should show our 
interest in each, our loyalty to all. As Virginians we 
should cherish a just pride in our noble State. But we 
should never fail to remember that the people of the United 



240 HOW WE ARE GOVERNED IN THE NATION 

States are one people. You and I should be proud to feel 
that, above all else, we have the privilege and honor of 
being American citizens. 



*fe 



QUESTIONS FOR CLASS DISCUSSION 

1. What are political parties? Why are they necessary? How 
do they seek to control the Government? Do you know of any 
question on which our two great political parties differ at present? 

2. What is the duty of the national committee of each party? 
Why is the national party convention necessary? How is it com- 
posed? What does it do? 

3. Find out, if you can, when and where the last national con- 
ventions of the Democratic and Republican Parties met. What can- 
didates were nominated by each convention? Which candidates 
were elected? For which candidates were the electoral votes of 
Virginia cast? 

4. What is meant by the party platform? Who draws it up? How 
is it used? 

5. Explain how the political parties in Virginia control the election 
of United States senator. How is this managed in other States? 
In these cases, do the members of the legislatures of the States 
have any independent choice? How are congressmen nominated? 

6. Who determines who may vote in a presidential election? 
What qualifications must a voter have in Virginia? Who deter- 
mined these qualifications? 

7. Explain how our national, State, and local Governments are 
really only parts of a great whole. To which of them do you owe 
loyalty and obedience? 

8. Are you an American citizen? Do you regard this as an honor? 
Think of some of the ways in which you can show your apprecia- 
tion of it. 



INDEX 



Accidents, protection against, 
22-25. 

Agriculture, U. S. Department 
of, 221. 

Agriculture and Immigration, 
Commissioner of, 112; Board 
of, 112. 

Aldermen, 136, 137. 

Ambassadors, 157, 158. 

Ambulances, 25. 

Amendment, of Va. Constitution, 
94, 95 ; of national Constitu- 
tion, 176, 177; first ten, 177, 
178, 186, 187; eleventh, 178, 
230; twelfth, 178, 211; last 
three, 178, 179. 

American citizens, 156; the 
making of, 166, 167; who are, 
179; responsibility of, 237-240. 

Annapolis Convention, 173. 

Appeals, meaning of, 225, 226, 
230. 

Appointment, President's power 
of, 215. 

Army, 159, 160, 217. 

Articles of Confederation, 172, 

173. 

Assessment, of property, 85 ; 

special, 87. 
Assessors, 85, 13c. 
Attorney General, of Va., 112; 

of U. S., 220. 
Auditor, 112. 

Ballot, 145. 
Ballot box, 145. 
Berkeley, Governor, 50. 
Bill, meaning of, 102, 207. 
Boss, political, 104. 

Cabinet, President's 221, 222. 
Campaign, political, 236. 
Canals, building of, 70. 
Capitol, of Va., 104; of U. S., 

208. 
Census, 200. 



241 



Charter, meaning of city, 135. 

Circuit court, in Va., 118, 119; 
of appeals, U. S., 225, 226; 
U. S., 226. 

Circuits, judicial, in Va., 118; 
U. S. judicial, 225, 226. 

Cities, accidents in, 23-25 ; pro- 
tection of health in, 29, 30; 
drinking water in, 30, 31 ; fire 
departments in, 38; education 
in, 56; libraries in, 62; taxa- 
tion in, 88; local Government 
in, 97; courts in, 120; growth 
of, in Va., 132; problems of, 
133, 134; Government of, 133- 
139 ; distinguished from towns, 

Citizenship, training for, in 
school, 60, 61; duties of, -105; 
137, 146, 147, 237-240; a quali- 
fication for voters, 142, 143 ; 
granted to foreign immigrants, 
166; to negroes, 179. 

Civic beauty, 77-79. 

Civil Service Commission, 215. 

Civil suit, meaning of, 122, 186, 
187. 

Clerk, of county, 129. 

Coast defence, 162. 

Collector, tax, 128, 130, 138; of 
customs, 192. 

Colonies, Government of, 91 ; 
union of, 171, 172. 

Colored Normal and Industrial 
School, 58. 

Commerce, foreign, 158, 159; in- 
ter-State, 160, 163. 

Commerce and Labor, U. S. De- 
partment of, 221. 

Commissioner of revenue, 
county, 130. 

Committees, of General Assem- 
bly, 102, 103 ; of city council, 
136; of political parties, 150, 
152, 235 ; of Congress, 205, 206. 



242 



INDEX 



Commonwealth's attorney, 122, 
129, 138. 

Community, definition of, 9, 10; 
why people live in, 10, 11; 
liberty in, 43 ; how the school 
helps, 58-62; progress of, 64, 
65 ; improvement of appear- 
ances in, 77-79. 

Congress, powers of, 158-169, 
183, 184, 188, 196; restrictions 
on powers of, 185-187, 195, 196, 
230; houses of, 199; repre- 
sentation in, 199-202 ; organi- 
zation of, 204, 205 ; committee 
system in, 205-207 ; meetings 
of, 207, 208 ; protection against, 
230, 231. 

Congressional districts, 200. 

Congressmen, election of, 200- 
202 ; term of, 203 ; qualifica- 
tions of, 204; power of, over 
appointments, 215 ; nomina- 
tion of, 236, 237. 

Consolidated schools, 56. 

Constable, 20, 26, 129, 130. 

Constitution, 44; origin of, 91, 
92 ; definition of, 92 ; history 
of, in Va., 92-94; of 1902, 94; 
importance of Va., 94; amend- 
ment of Va., 94, 95 ; of the 
nation, 156; definition of 
national, 171 ; framing of 
national, 173, 174; adoption of 
national, 174, 175 ; opposition 
to national, 174; amendment 
of national, 176, J79; impor- 
tance of national, 179, 180; 
explanation of national, 182- 
188; protection of national, 
229-231. 

Consuls', 159. 

Continental Congress, 171, 172. 

Convention, constitutional, in 
Va., 91-94; of political par- 
ties, 150-152; Annapolis, 173; 
constitutional, of 1787* T 73> 
174; ratifying, of Va., 175; 
national party, 213, 235, 236. 

Copyrights, 167, 168. 

Coroners, county, 130. 



Corporation Commission, of Va., 

69. 

Corporation court, 120. 

Council, city,, 136; town, 139. 

Councilmen, '136, 137. 

Counties, roads in, 68; taxation 
in, 88; local Government in, 
97, 125; courts in, 118, 120; 
reason for, in Va., 125, 127; 
powers of, 128 ; Government 
of, 128-130; local history of, 
130. 

Courts, ncessity for, 116, 117; 
protection in, 117; system of, 
in Va., 117-120; necessity for 
national, 224; system of 
national, 224-228; jurisdiction 
of national, 228, 229; protec- 
tion in national, 229-231. 

Criminal case, meaning of, 122. 

Customs, see Duties. 

Deaf and Blind Institute, 62. 
Delegates, election of members 

of House of, 99. 
Democracy, meaning of, 51, 141. 
Democratic Party, see Political 
parties. 
Departments, of Government, 96, 

*75> 176 ; executive, of national 

Government, 219-221. 
Desires, for life and health, 11; 

for liberty, 11, 12; for wealth, 

12; for knowledge, 12, 14; for 

progress, 14; for happiness, 

14; conflict of, 14, 15. 
Diplomatic representatives, 157, 

158. 

Diseases, protection against, 27, 

29, 30. 
District attorney, U. S., 220, 231. 
District courts, U. S., 226. 
Division of powers between 

nation and States, 182-185. 
Division superintendent, of 

schools, 114. 
Drinking water, protection 

against impure, 30, 31. 
Duties, customs, 158, 192, 193, 

196. 



INDEX 



243 



Education, why the Government 
promotes, 50, 51; 58-62; his- 
tory of, in Va., 51-54; in New 
England, 52; aims of Govern- 
ment in, 55, 56; in cities, 56- 
58; higher, 58; State Board 
of, 113; see also Schools. 

Election, places of, 144, 145 J 
officers of, 145 ; see also 
Votes and Voters. 

Electoral college, 211-214, 235. 

Electric plants, 76. 

Eminent domain, definition of, 
40; power of, given to rail- 
roads, 40, 41 ; distinguished 
from taxation, 83, 

Engineer, road, 68; city, 138. 

Established Church, 46, 47. 

Examinations, for physicians, 
27; for teachers, 113. 

Examiners, State Board of, 113. 

Excise taxes, 193, 194, 196. 

Executive department, 96, 176, 
211. 

Ex post facto law, 185-187. 

Express powers, of national 
Government, 183, 184. 

Family, responsibility of, 19; 
duty of, toward education, 54, 

55- 
Farms, drinking water on, 30; 

appearance of, 77. 
Federal Government, meaning 

of, 185. 
Fires, protection against, 24, 25, 

37, 3.8, 1 34-. 
Food inspection, 28, 29. 
Foreign affairs, control of, 156- 

159; President's power over, 

217. 
Fortress Monroe, 162. 
Franchise taxes, 87. 
Franklin, Benjamin, 73, 173. 
Freedom, of speech, 44-46, 177, 

186; of religion, 46, 47, 177, 

186; of person, 47, 48, 178. 

Gas-plants, 76. 

General Assembly, houses of, 
99; sessions of, 100 ; organiza- 



tion of, 100, 101 ; powers of, 
103 ; meetings of, 104. 

Geography of Va., 125-127. 

Government, definition of, 15, 
16; why established, 16; pro- 
tection of life and health by, 
19-32; protection of property 
by, 34-39; control over prop- 
erty, 39, 40; ownership of 
property, 41 ; liberty under, 
43 ; how restricted, 43-48 ; 
promotion of education by, 
50-62; promotion of progress 
by, 64-79 ; support of, 82-89 '> 
organization of, 96-98; of 
counties, 125-130; of cities, 
I 33 _I 39; who shares in, 142- 
147; necessity for national, 
x 55> T 56; powers of national, 
156-169, 183, 184; under Ar- 
ticles of Confederation, 172, 
173 ; organization of national, 
175, 176; restrictions on the 
national, 177, 179, 184-187, 
195, 196. 

Governor, history of office of, 
108, 109; powers and duties 
of, 109-111; election of, ill, 
qualifications of, ill. 

Grand jury, 123, 186. 

Habeas corpus, 21, 186. 

Hamilton, Alexander, 173. 

Hampton Roads, 162. 

Harbors, improvement of, 70, 
162. 

Health, desire for, n; respon- 
sibility for, 19 ; protection of, 
by Government, 27-32. 

High schools, 55, 58. 

Homestead exemption, 39. 

Hospitals, 25. 

House of Delegates, 99-104. 

House of Representatives, power 
of, over tax bills, 196 ; repre- 
sentation in, 200-202 ; chamber 
of, 208; power of, to bring 
impeachments, 232. 

Immigration, 165-167. 
Impeachments, 232. 



244 



INDEX 



Implied powers, 183, 184. 
Income taxes, 86, 87. 
Indictment, meaning of, 123, 186. 
Inspection, of buildings, 25 ; of 

elevators, 25 ; of milk, 28 ; of 

food, 28, 29. 
Interior, U. S. Department of, 

220. 
Internal revenue, 193, 194. 
Inter-State commerce, 69, 163. 

Jefferson, Thomas, 47, 51, 58, 
65, 92, 173, 178. 

Judges, appoinntment of, in Vir- 
ginia, 120, 121 ; term of, in 
Virginia, 121 ; appointment of 
national, 231 ; term of national, 
231. 

Judicial department, 96, 176. 

Jurisdiction of courts, meaning 
of, 118; of various courts in 
Virginia, 118, 120; of national 
courts, 228, 229. 

Jury, right of trial by, 21, 122, 
123, 177, 186, 187. 

Justice, U. S. Department of, 
220. 

Justice of peace, 'i 18, 129. 

Knowledge, desire for, 12, 13 ; 
duty of family toward, 54; 
promotion of, by Government, 
50-62. 

Laws, how made in Virginia, 
101-103; execution of, in Vir- 
ginia, 107-115; application of, 
in Virginia, 1 16-123; county, 
128; city, 135, 136; how made 
in Congress, 206, 207; execu- 
tion of national, 211-222; 
application of national, 224- 
232. 

Legislative department, 96, 176. 

Legislature, see General Assem- 
bly and Congress. 

Libel, protection against, 45, 46. 

Liberty, desire for, n, 12; in a 
community, 12, 43 ; protection 
of, 43-48; 177-179, 185-188. 

Libraries, State, 62; traveling, 
62; in cities, 62. 



License taxes, 87. 

Lieutenant-Governor, duty of, 
100; election of, ill. 

Life, desire • for, 11; Govern- 
ment protection of, 19-27, 159- 
163. 

Life-saving stations, 23, 162. 

Lighthouses, 23, 162. 

Liquors, regulation of sale of, 
27, 28, 193, 194. 

Literary fund, 51, 115. 

Lobbying, 105. 

Local option, 28. 

Louisiana, purchase of, 184. 

Madison, James, 47, 173, 175. 
Magisterial districts, 128, 144. 
Marshall, John, 225. 
Mayor, powers of, 137; election 

of, 138; town, 139. 
Medical College of Virginia, 58. 
Message, of Governor, 109 ; of 

President, 214. 
Military Academy, U. S., 219. 
Militia, 26, 27; no, in, 160, 161. 
Ministers, 157, 158. 
Mints, U. S., 164. 
Money system, national control 

of, 163-165. 

National Constitution, see Con- 
stitution. 

National courts, see Courts. 

National Government, see Gov- 
ernment. 

Naturalization, 166. 

Naval Academy, U. S., 220. 

Navy, 161, 162, 217; Depart- 
ment of, 219. 

New England, education in, 
52, 54; local Government in, 
127. 

Newport News, 133. 

Nomination, by parties, 150-152; 
of President, 213, 235; of 
senators, 203, 236; of con- 
gressmen, 236, 237. 

Norfolk, drinking water in, 30; 
public library, 62) electric 
lines in, 71 ; population of, 

133. 
Normal schools, State, 58. 



INDEX 



245 



Ordinances, city, 135, 136. 



Pardoning power, of Governor, 
in, of President, 217. 

Parks, in cities, 78, 79, 133, 134. 

Parties, see Political parties. 

Patents, 167, 168. 

Pavements, street, 78, 133. 

Philippine Islands, 162, 188, 
189. 

Platform, party, 236. 

Police, in cities, 20, 38, 134. 

Political parties, origin of, 149; 
necessity for, 149, 150, 234; 
organization of, 150, 235 ; 
State and local conventions 
of, 150-152; primary elections 
of, 150-152, 203, 236; control 
of, over presidential elections, 
212-214, 2 35> 2 3^; national 
convention of, 235, 236; con- 
trol of, over national legisla- 
ture, 22,6, 237. 

Politics, duty toward, 146, 147, 
237-240. 

Polls, 143. 

Poll-tax, 87, 144. 

Poor, protection of, 25, 26, 39, 
128; superintendent of, 130. 

Poorhouses, 26, 134. 

Portsmouth, 71. 

Postal service, 73-75 ; control 
of, 167; support of, 75, 191. 

Post-Office Department, U. S., 
220. 

Precincts, election, 145. 

President, powers of, 157, 214- 
218; election of, 178, 211-214, 
235; nomination of, 213, 235; 
term of, 214; responsibility of, 
218; qualifications of, 218; 
successor to, 218, 219. 

Presidential electors, 211-214, 

Primary elections, meaning of, 
150-152; who takes part in, 
152; for nomination of U. S. 
senators, 203, 236; of con- 
gressmen, 236, 237. 

Proceedure, in courts of Vir- 
ginia, 121, 122; in national 
courts, 231. 



Progress, desire for, 14; mean- 
ing of community, 64, 65, 79; 
and transportation, 72, J2>- 

Property, definition of, 12; uses 
of, 34; in land, 34, 35, 38, 39 J 
Government protection of, 35- 
41, 177; Government control 
over, 39, 40; Government 
ownership of, 41 ; improve- 
ment of, by schools, 61, 62; 
taxes on, 85, 86; assessment 
of, 85 ; personal, 86 ; not 
taxed, 88. 

Protection, of life, 19-27 ; of ac- 
cused persons, 21 ; of the poor, 
25, 26; of old soldiers, 26; of 
health, 27-32 ; of property, 34- 
41 ; of homes, 39 ; of liberty, 
43-48, 177-179, 185-188; of 
freedom of speech and reli- 
gion, 44-47, 177, 186; of per- 
sonal freedom, 47, 48, 178; of 
the nation, 159-163; of the 
States, 160, 178; of the negro, 
178, 179, 187, 188; against the 
States, 229, 230; against Con- 
gress, 230, 231. 

Protective tariff, 193. 

Public buildings, 79. 

Quarantine regulations, 29, 30. 

Railroads, protection against, 
23 ; power of eminent domain 
given to, 40, 41 ; Government 
control of, 68, 69; inter- 
State, 69, 163. 

Real estate, taxes on, 85. 

Reapportionment, in Congress, 
200-202. 

Reconstruction, Constitution in 
Va., 93 ; amendments to the 
national Constitution, 178, 179. 

Reformatory, 62. 

Registration of voters, 143, 144- 

Removal, Governor's power of, 
no; mayor's power of, 137; 
President's power of, 216, 
217. 

Representative Government, 
meaning of, 141, 142. 



246 



INDEX 



Representatives, see Congress- 
men. 
Republican Party, see Political 

parties. 
Reserved powers, of the States, 

184, 185. 
Revolutionary War, 84, 91, 158, 

Richmond, drinking water in, 
30, 31; fire department in, 38; 
electric lines in, 71, 72; the 
capital of Va., 104; popula- 
tion of, 132, 133. 

Riots, protection against, 26, 27. 

Rivers, improvement of, 70, 
162. 

Roads, necessity for good, 65, 
67; toll, 67, 68; provision for, 
in Va., 68. 

Roanoke, 133. 

Rural free delivery, 74, 76. 

School board, county, 114; city, 

ii4, 139. 

Schools, support of, 55,114,115; 
consolidated, 56, transporta- 
tion to, 56; in cities, 56, 58; 
how the community is helped 
by, 58-62 ; grounds around, 79. 
See also Education. 

School system, beginning of, in 
Va., 52; organization of, 112- 

115. 

Secretary of the Commonwealth, 
in, 112. 

Senate, State, 99-104. 

Senate, U. S., power of, over 
treaties, 157; representation 
in, 202, 203 ; chamber of, 208 ; 
power of, over appointments, 
215 ; as a court of impeach- 
ment, 232. 

Senators, State, election of, 100. 

Senators, U. S., election of, 202, 
203 ; nomination of, 203, 236 ; 
term of, 203, 204; qualifica- 
tions of, 204; power of. over 
appointments, 215. 

Settling basin, in Richmond, 30, 

3*. 

Sewerage systems, 76, 134. 



Sheriff, 20, 26, 129. 

Slander, see, Libel. 

Slavery, abolished, 48; in Va., 
52. 

Society, classes of, in Va., 52, 
54 

Soldiers, care of aged, 26. 

Spanish- American War, 158, 
161, 162. 

Speaker, of House of Delegates, 
100, 101 ; of House of Repre- 
sentatives, 205. 

State, U. S. Department of, 219. 

State Board, of Education, 113; 
of Examiners, 113. 

States, protection of, against in- 
surrection, 160; commerce be- 
tween, 160, 163 ; restrictions 
on powers of, 165, 184, 185, 
187, 188, 195 ; ratification of 
U. S. Constitution by, 174, 
J 75 ; protection of, against 
suits, 178, 230; dependence 
and independence of, 182, 183 ; 
powers of, 184, 185, 237 ; repre- 
sentation of, in Congress, 199- 
202 ; protection against, 229, 
230. 

Steamboats, regulations for, 23, 

7°- 

Streets, excavations in, 25 ; 

lighting of, 25 ; cleaning of, 
29; tracks in, 70, 71, 76] Gov- 
ernment control of, 76, 77 ; 
wires in 77 ; appearance of, 

78, 79, 133, 134. 

Suffrage, see Voters. 

Superintendent of Public In- 
struction, 113. 

Supervisors, board of county, 
128. 

Supreme Court, of Appeals in 
Va., 120, 121 ; of U. S., 225, 
229-231. 

Surveyor, county, 130. 

Tariff, protective, 193. 

Taxation, necessity for, 82, 83; 
distinguished from eminent 
domain, 83; in history, 84; 
principles of, in Va., 84, 85 ; 



INDEX 



247 



forms of, in Va., 85-87; for 
schools, 114, 115; in cities, 136 ; 
necessity for national, 191, 
192; forms of national, 192- 
194; national and State, 194, 
195 ; principles of national, 
195, 196. 
Taxes, definition of, 83 ; income, 

86, 87; license, 87; franchise, 

87, poll, 87; general and local, 

88, 89; collection of, 128, 130, 
138, 192; indirect, 192, 194; 
excise, 193, 194; stamp, 194, 
195; direct, 195, 196. 

Teachers, examinations of, 113; 

appointment of, 114. 
Telegraph service, control of, 

75- 
Telephone service, control of, 

75 ; in rural districts, 75, 76. 
Territories, Government of, 188, 

189. 
Town meeting, 127, 141. 
Towns, local Government in, 

97 y 98, 139; distinguished 

from cities, 139. 
Township Government, 127. 
Transportation, necessity for, 

72, 73- 
Treasurer, of Va., 112; county, 

129; city, 138. 
Treasury Department, U. S., 

192, 219. 
Treaties, the making of, 157. 
Trolley lines, 70-72, 76. 

Underwood Constitution, 93. 



Union of States, reasons for, 

155, 156, I7I-I75- 
University of Virginia, 51, 58. 

Veto, of Governor, no; of 
mayor, 136, 137; of President, 
214, 215. 

Vice-President, duty of, 205, 
218, 219; election of, 211-214, 
235, 236.' 

Virginia and Kentucky Resolu- 
tions, 45. 

Virginia Military Institute, 58. 

Virginia* Polytechnic Institute, 

Voters, qualifications for, in 

Va., 143, 144; in national 

elections, 237. 
Votes, how cast, 145 ; how 

counted, 146 ; right of negro 

to cast, 179, 237. 

War, power to make, 158; U. S. 

Department of, 219. 
War between the States, 47, 93, 

178. 

Wards, in cities, 145. 
Washington, George, 173, 175. 
Washington City, 208. 
Waterways, Government con- 
trol of, 70. 
Waterworks, 76. 
Wealth, desire for, 12. 
West Virginia, settlement of, 

72, 73 ; 92, 93. 

William and Mary College, 58. 
Witnesses, 21, 186. 



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